City of EI Cajon

Transcription

City of EI Cajon

City of EI Cajon
Planning Commission Agenda
June 24, 2013, 7 P.M.
ANTHONY SOTTILE,Chairman
PAUL CIRCO, Vice Chairman
DARRIN J. MROZ
STAR BALES
ADEL DANKHA
Meeting Location: City Council Chambers, 200 Civic Center Way, EI Cajon, CA
http://www.ci.el-cajon.ca.us/dept/comm/planning.html
I.
CALL TO ORDER
II.
PLEDGE OF ALLEGIANCE
III.
ROLL CALL
IV.
CHAIRPERSON'S WELCOME
V.
PUBLIC COMMENT:
(This is the opportunity for a member of the public to address the Commission on any item of
business within the jurisdiction of the Commission that is not on the agenda. Under state law no
action can be taken on items brought forward under Public Comment except to refer the item to
the staff for administrative action or to place it on a future agenda.)
VI.
CONSENT CALENDAR
1A.
1B.
VII.
PLANNING COMMISSION MINUTES OF MAY 6,2013
SPECIAL MEETING OF THE EL CAJON CITY COUNCIL AND
PLANNING COMMISSION MINUTES OF MAY 28, 2013
PUBLIC HEARINGS
2.
RAZUKI MALL - AMENDMENT OF CONDITIONAL USE PERMIT NO.
2169
Resolution No. 10696
This is a public hearing on a request to modify project phasing
requirements. The subject property is addressed as 861 East Main Street.
This project is exempt from the California Environmental Quality Act
(CEQA).
APN:
488-134-30
General Plan:
General Commercial (GC)
Zoning:
General Commercial (C-G)
Applicant:
Haith Razuki /619.750.2024
Project Planner: Noah Alvey /619.441.1773
Email:
[email protected] and include "AM CUP 2169" in
Subject Line
Decisions and Appeals - A decision of the Planning Commission is not final until the appeal period expires 10 days from
the date of transmittal of the Commission's resolution to the City Clerk. The appeal period for the items on this Agenda
will end on Monday, July 8, 2013 at 5:30 p.m., except that Agenda items which are forwarded to City Council for final
action need not be appealed.
3.
VIII.
OFF-SITE EXCESS AUTO SALES INVENTORY STORAGE LOTS AMENDMENT OF ZONING CODE NO. 424
Resolution No.1 0727
(This project is tentatively scheduled for the City Council meeting on
August 27, 2013 at 7:00 p.m.)
This is a City-initiated proposal to amend Title 17 (Zoning) of the EI Cajon
Municipal Code to allow used vehicles in addition to new vehicles to also be
stored off-site on a temporary basis.
OTHER ITEMS FOR CONSIDERATION
IX.
STAFF COMMUNICATIONS
X.
COMMISSIONER REPORTS/COMMENTS
XI.
ADJOURNMENT
This Planning Commission meeting is adjourned to July 8,2013 at 7 p.m.
AGENDA
ITEM 1A
MINUTES
PLANNING COMMISSION MEETING
May 6,2013
The meeting of the EI Cajon Planning Commission was called to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE
COMMISSIONERS PRESENT:
Anthony SOTTILE, Chairman
Star BALES
Paul CIRCa, Vice Chairman
Adel DANKHA
COMMISSIONERS ABSENT:
Darrin J. MROZ
STAFF PRESENT:
Manjeet RANU, Planning Manager I Planning
Commission Secretary
Michael REID, Staff Attorney
Tony SHUTE, Senior Planner
Ron Luis VALLES, Administrative Secretary
SOTTILE explained the mission of the Planning Commission.
CONSENT CALENDAR
Motion was made by BALES, seconded by CIRCa, to adopt the minutes of the Planning
Commission meeting held on March 11, 2013; carried 4-0.
PUBLIC HEARING ITEMS
There were none.
STAFF COMMUNICATIONS
AGENDA ITEM NO.2 - ALCOHOL SALES LAND USE ORDINANCE - AMENDMENT
OF ZONING CODE NO. 423
The Planning Commission was presented with the City Council's direction, background
information, project schedule, proposed ordinance structure and opportunities for
community input regarding off-sale alcohol outlets and their associated effects. This was
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an information item only. Public testimony was given, but the Planning Commission did not
take action at this meeting.
In a PowerPoint presentation, SHUTE summarized the staff report.
SOTTILE commented that other municipalities, such as the County, Encinitas and
Escondido, have reached their limits on overconcentration of the number of beer and wine
licenses.
SHUTE referred to the statute where cities that have more than one Type 20 License for
every 2,500 people are considered to be in a moratorium. Currently the City of EI Cajon is
within that moratorium by one to two licenses.
CIRCa asked if staff could update or provide a map showing on-sale outlets to see if there
are similar correlations within the 600 foot buffer of alcohol related arrests to off-sale
outlets. He does not like to differentiate between on-sale and off-sale locations.
SHUTE advised that they could change the background on the map to make it more legible
for the Commissioners. However, the City Council had directed staff to focus their
attention on the sale of off-sale Type 20 and Type 21 outlets.
SOTTILE mentioned the business owners gathering to implement a self-policing situation
that the Council agreed to for a six month period to see what would occur. There were
great results initially, but since then results have slipped back and he asked if staff knew
the reason for the slippage.
SHUTE deferred to Chief Jim REDMAN, who was in the audience to answer any
questions.
REDMAN explained that in 2011 they started the community program and asked all liquor
store and market owners to come together and sign a volunteer pledge, which was nonbinding, to police themselves and refrain from selling alcohol to serial inebriates. These
people are the number one complaint in the Police Department. The program lasted about
five to six months before things started slipping back to normal as shown by the increase in
crime statistics for public drunkenness and alcohol related offenses. He added that a
valiant effort was made, but did not work because there was no penalty for violating the
rules. Unless some way is established to enforce the rules these issues would slip back to
the norm.
BALES asked for an explanation of the small bottles of alcohol which seem to be creating
the most problems.
REDMAN answered that they are called airline bottles because they are the type sold on
airlines. These small bottles of hard liquor are sold very cheap for $.99 each. Because of
the price and high proof content they are the alcohol of choice for transients or a person
who is a chronic alcoholic. Then it becomes a police concern. Single serve beer and
cheap fortified wines are also a problem.
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SOTTILE asked what procedures were in place by the Police Department to deal with
these types of issues.
REDMAN explained that they go to jail. The District Attorney is allowing them six offenses
and then they are released when sobered up. But on their sixth offense they can actually
receive longer jail time. However this could be over a four to six month period, sometimes
even a year. It is a never ending cycle and the Police Department is seeking better ideas to
deal with this problem. If a limit could be put in place to the access to alcohol, it would be a
step in the right direction.
SOTTILE asked if this process was also in place for drug arrests, prostitution, etc.
REDMAN answered that all these offenses are associated with alcohol problems, as well
as petty theft, vandalism and public urination, and involves the same people they deal with
that are the chronic drunks. The number two complaint is traffic and the number three
complaint is gangs.
SOTTILE asked if there was an increase in gang activity with adults buying alcohol for
them.
REDMAN answered that they have not seen any connection with gang activity to the extent
they see with the transients.
BALES asked if there was anything else that contributed to crimes besides selling small
bottles and if there was anything they could put into place to help the situation.
REDMAN answered there were things that could be put into place to prevent panhandling
and the Police are working on ideas in this arena. One solution would be to prevent them
from getting the money they use to buy the alcohol.
SOTTILE mentioned that he believes most of these people do not want help.
REDMAN added that with most of the 100 transients and homeless in EI Cajon that they
deal with on a daily basis, 40 of these are chronic drunks and they do not want any help.
SHUTE then summarized by stating there would be a work session on the draft ordinance
which would then go back to the Commission and on to the City Council for approval.
RANU interjected that the Council identified issues with off-sale of alcohol from the crime
and recent activities, including the burden it has on municipal services; primarily Police,
and the feedback received from constituents who attended the Police Department
community forums. The approach the Council had decided to take is a comprehensive view
where we deal with land use regulations that are applicable to existing off-sale outlets, as
well as those that will come in the future. So the focus right now is on the off-sale of alcohol
at smaller markets because that is where the criminal activities are primarily conducted
based on the data. In the meantime, the Council had communicated with the markets at
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their February meeting that it will take several months to work through this process, so
there is an opportunity for these markets to voluntarily police themselves again as they did
several years ago. After evaluation of how well that voluntary process is working, the
Council can then determine what kind of regulations they might want to put in place. The
purpose of this meeting today is to introduce the identified issues to the public, who will
have the opportunity to provide testimony as well.
SOTTILE confirmed with RANU that this meeting was not a public hearing however public
comments on the proposed regulations would be heard.
CIRCa mentioned that the deemed approved language sounded like it was a retroactive
conditional use permit (CUP) and asked how it would affect the grandfathered alcohol
outlets.
SHUTE replied that it would directly affect the grandfathered locations. The deemed
approved means granting a CUP to those outlets who currently do not have a CUP and to
those that do have a CUP, but are legal non-conforming is some manner. An example
would be an outlet that may not meet the distance requirements that are currently within
the code. What's being granted is their ability to use their land as an alcohol outlet under
the land use authority for sale of beer, wine or liquor, which they already have as
grandfathered. This is a measure that the City can apply as a blanket CUP which would
give the City local control over the land which it does not currently have.
RANU added that this is the key point of local control because the City does not have any
authority over the issuances of licenses, which are handled by the State. But, the City does
have land use control, and for those outlets which are not operating under a CUP today, or
are non-conforming is some way, by making them a deemed approved location, then if
issues arise, would have the ability to revoke that land use approval and either shut them
down or impose additional operational conditions upon them. It is an opportunity for the
City to take control of regulating the sale of alcohol through its land use authority.
CIRCa confirmed with Staff that about 75% of the current small markets selling alcohol are
non-conforming.
SOTTILE opened the floor for public comment.
Rick SWEENEY, representing Downtown EI Cajon Business Partners, spoke first in
support of restrictions. He requested consideration of restrictions of off-sale alcohol sales
within the downtown area. He added that the merchants, businesses and City have
worked hard over the past two decades to improve the business atmosphere of downtown
EI Cajon with public improvements, i.e., lighting, way finding signs, landscaping, and
common traffic improvements. Individual property owners have invested as well in facade
improvements, interior improvements and creation of their own assessment district. All this
work had been conducted to create a destination for shoppers and their families. Off-site
alcohol outlets in the district are not conducive to the goal of their stakeholders, merchants
and the City. The downtown merchants, who must compete with other family-oriented
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shopping clusters, i.e., Parkway Plaza and Grossmont Mall, would like the same playing
field as these businesses.
SOTTILE confirmed with SWEENEY that the Downtown Business Partners are for greater
restrictions and agreed that those proposed would improve the business climate.
SWEENEY agreed that it would help generate an overall family destination point they were
hoping downtown EI Cajon would become and they have been working toward this goal.
SHUTE added that the downtown area is governed by Specific Plan 182 (SP 182), which
currently prohibits off-sale outlets, and the Downtown Partner's boundaries are within that
area. There is no proposal to change SP 182, so currently alcohol outlets are not allowed.
Mark ARABO, President of the Neighborhood Market Association, spoke next. He thanked
City staff, the Commissioners and Chief Redman on all the hard work done to date and
handed to REID a handout for the Commissioners of the signs that they have put in place.
He added that he again is reaching out to the City to develop a partnership. They have
worked very hard throughout the community and with the Police Department and have
drafted some changes. One change is they have asked every store to voluntarily take
down all their advertisements for liquor and beer, and they complied. They also solicited
community input on people loitering and panhandling, whereby every store voluntarily
installed a sign to deter this behavior. They held four different seminars with their
members to come up with ways to make EI Cajon a safe place for all, including their
workers, to be able to come and go in the mornings and evenings in a safe environment.
He shared that they changed their lighting and cleaned up the parking lots and have a hot
line set up where authorities can be called if problems arise. The biggest issue they had
was the changing of the status of the grandfather clause. He believed it would open up the
City to possible lawsuits. Their 79 merchants have the legal right to do things in their
stores, which they have been doing, and are not creating any public safety issues in this
regard. They believe the City is targeting them and not including bars and restaurants.
They want to work with the City in partnership and have taken considerable significant
steps forward. Every store has the sign up and are enforcing the do not sell list. All
advertising of beer, wine and liquor have been removed from the windows voluntarily. All
of these changes were accomplished without passing new laws. They support an
education program and working with the community and the Police Department.
SOTTILE asked if he agreed that reducing panhandling, public drunkenness, prostitution,
etc. would be beneficial for all businesses no matter what part of the community these
problems may exist.
ARABO agreed that panhandling and loitering should not exist, which is why they created
the signs voluntarily. He again charged that to blame compliance on liquor store owners or
single out some businesses in the community is wrong.
SOTTILE added that the signs were great, however asked what would be the process if a
person did not comply.
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ARABO answered, they would then target them with the help of the Police Department.
However, they have not had any problems in this area.
SOTTILE reminded him that the Police Chief stated these issues are a revolving door.
These people get processed and then they go back on the street. The City is trying to
propose regulation which possibly might put an end to the revolving door.
ARABO believed the opposite would occur. In explanation he said to ban shots and half
pints would be a mistake because then people would purchase the one-half gallon bottles
at a cost of $3.00. He advocated a community effort, not to only target liquor stores or
markets. They support the East County Transitional Living Center process and continued
community education.
SOTTILE wanted to clear up a statement the speaker made that the City was trying to
close down the legal non-conforming stores and asked for clarification from staff.
SHUTE replied that the proposed ordinance is not an attempt to close down an existing
business. It puts in place, under deemed approved, a land use control so that if a business
is non-compliant and meets the thresholds that would be established in the proposed
ordinance of non-compliance, and were then to come to a point where they were not
meeting standards, then a hearing process could have their deemed approved CUP
revoked.
RANU added that it would apply uniform operating standards to all stores.
ARABO asked about a new fee or tax proposed on small business owners to open and
close their stores. Again he felt the City was targeting off-premise Type 20 & 21 stores and
not looking at bars and restaurants.
SOTTI LE asked staff if there was a fee to be imposed on existing store owners versus only
on new businesses.
SHUTE responded that a fee is something staff was looking into with the City Attorney's
office, but as yet not a part of the ordinance.
REID clarified that no fee is proposed yet and it was only an idea at this point. If a fee
would be included, it would not be an inappropriate tax, which the City cannot do. If a fee
were to be imposed, it would be on all establishments and would be a regulatory fee to
cover the City's cost of enforcing the ordinance. Also, no specific amount had been
discussed.
ARABO suggested that the math for 79 outlets for a full time police officer at $100,000 per
year, including pension and benefits, divided by 80 equals $1200/year just for cost
recovery alone.
SOTTILE added that the fee was an element that they were only thinking about at this
time, but if businesses are not abiding by rules and there is a problem, they would try to
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eliminate the revolving door. Businesses complying with all regulations have nothing to
worry about.
CIRCO asked other than the 79 stores associated with the Association, if it governed all
small markets and liquor stores in EI Cajon.
ARABO answered in the affirmative and reiterated all the good things they have done as a
group. He was in support for the City to enforce the laws currently on the books and not
pass new regulations.
BALES told ARABO she liked his approach to work with the City and said the Planning
Commission was there for the small businesses and all the citizens of EI Cajon. She
added that she did drive around and looked at the stores with the newly installed signs.
She suggested that they might take into consideration possibly doing something more
aesthetically pleasing to the exterior of the stores.
ARABO summed up by stating the two areas that they have issues with. One is the
grandfather clause issue and the second is the targeting of liquor stores only.
Katherine WEBB, longtime resident, spoke next. She advised that the cross streets of
Second and Broadway have an alcohol outlet on every corner. She lives close by and
when she goes out to get her morning paper many times has found someone intoxicated
laying in her front yard or debris from alcohol consumption. She also mentioned that if you
walk down Broadway from Second Street toward Target you can tell you are approaching
the few liquor stores along the way by the amount of debris in the parking lots and
landscaping at the adjoining businesses. This will not attract any new businesses to EI
Cajon. She believes the deemed approved proposal puts everybody at the same level to
play by the same rules. Rules need to be put in effect to be able to control those
individuals. She believes the estimated $100 fee per business is not much and most
stores should be able to afford it.
Joe JABORO, owner of Nick's Liquor, spoke next. "Hello Mr. Commissioners, everybody.
My name is Joe Jaboro, I have a liquor store, Nick's Liquor. Just to give you a little history.
I've been in this business well over 30 years. I'm 42 years old. I've seen a lot of things
happening. There is a 10t. .. 1don't know where to start, so I'm just going to go back and
forth on a lot of issues.
First of all, let's go back to her [Katherine Webb's comments] trash and debris ... My
liquor store, I have a trash can, five feet away, and people still open up their car door,
just regular people, not transients, nobody, [they] dump their trash on the floor and they
drive away ... it's five feet away. That's never going to go away, people are people.
Aesthetically, I've probably put in the last month over three to four hundred dollars in
cleaning up my store; it's always been a very clean store. But we've put new doors, and
taken out the signs. My wife has been planting garden bushes all over, and then the
next day somebody steals them. Last year, two years ago, I put in copper piping, put in
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about $300 worth of copper piping, the next day they stole them. I called the cops; of
course nothing is going to happen because they can't find them. Just so you know,
we've tried very, very hard, but there's a lot of things. Our hands are tied. We can't do
anything about it.
Let's see here; urinating in public. I don't know about you guys but I've driven out [in]
the city before trying to look for a bathroom, and unless you go to Jack in the Box or
something, nobody is going to let some homeless person into their door, into their
home, and use their restroom. I'd like to see a show of hands if anybody is going to do
that. Because of course, they are going to steal from you or whatever.
I've tried to help these people out as much as I can in my store, you know. There's
good and there's bad. You can tell who's good and who's bad. And again with that,
buying alcohol, we have a list of faces for everybody, and we go by that, but there's
people, when we kick them out, they just across the street or 7-11, and they come right
back, walking down the street, with their cans of beers in their bag. Either they got them
their selves or somebody buys it for them. So, we can only do so much on that.
Do you know why to me, why the crime rate is so high? It's because, we talk to our
customers every day, they don't have no jobs. It's very simple. If you don't have a job,
you got to support your family, one way or another, your crime is going to go high.
Anywhere ....(two words undecipherable) ... people steal from there too. I grew up in EI
Cajon and I've been here since I was three years old, I'm 42 years old. So I've been out
there all my life. I've seen it all.
About this single shots, half pints and pints, and, I was here at the last meeting, [red light
flashing] sorry but my time is up."
SOTTILE asked, "Do you need another minute?"
JABORO responded, "Can I?"
SOTTILE answered, "Sure, you can have another minute."
JABORO continued, "I have a lot of information, but I just want to try to push it real fast.
I'm sorry."
SOTTILE added, "You can have a minute."
JABORO then continued, "You know, the person I was telling, he said, "Oh, how can a
99 cents shot, put you out of business." My business is 85 percent or more, of those
shots, single cans of beers, and I'm not talking selling to homeless people, these are
regular every day people, that come into my store. They come in the store, and their
hands are shaking like a leaf, and they have one shot, and they'd be perfect. They'll
come back, two, three hours later, again. The alcohol is like literally medicine for them.
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And I tell them, why don't you buy a half pint or a pint? And they say, "Joe, I'll drink that
half pint as fast as I can shop it." So if I sell them a fifth or half gallon, they can't stop,
they'll drink it straight down. So what is going to happen now, they're going to get a DUI,
they're going to go out there and kill somebody. So restricting them from buying these
little shots, is in, from my perspective, from what I see, is not going to be a good thing.
Uhm ... "
SOTTILE said, "Sir your time is up"
JABORO added, "I'm sorry. I could go on for hours really. Again, if you would like to
come to my store, literally, come to my store, anyone of you, any time. My wife's there
seven days a week. I'm there seven days a week. I've had three back operations. I still
put in seven hours a day or more. So, I'm semi-retired. Just come in and see the people
coming in. It's more everyday people, and they just don't have the money to buy to buy
an 18 pack of beer any more. The economy is not there for them."
SOTTILE thanked JABORA and asked if the Commissioners had any questions. There
were none.
JABORO responded, 'Thank you."
Kathy ZEMAN, representing Downtown EI Cajon Business Partners, spoke next. Their
focus has been to try to make EI Cajon as family friendly as possible with the car shows,
farmers markets and concerts throughout the summer. They would like to see a buffer
between them and the liquor stores. One program they run is the "Clean and Safe"
program with involvement of the East County Transitional Living Center. They work at
cleaning up after the homeless and helping to move them along and breaking up their
encampments. These people may not be buying liquor here, but getting it and bringing it
into the district and drinking here. They have been talking to various businesses interested
in coming to downtown and it would be more attractive to keep the homeless and debris to
a minimum in order to retain businesses for the long term.
Dana STEVENS representing CASA spoke next. They support what staff has presented to
address some of the problems associated with alcohol outlets. She suggested considering
a fee, however, the cost to the City is much more than $100/month. Research
demonstrates the way to hold businesses accountable is by establishing something that
they have made an investment in, such as a CUP, and associated fee. In reference to the
possible lawsuits brought up earlier, she stated that the Oakland ordinance on deemed
approved has been upheld by the courts and there are 20 plus cities in California that
currently have the deemed approved ordinance in place successfully. She supported the
deemed approved ordinance to bring an even playing field to all, including new stores. She
felt self-regulation had not worked in the past. Only 41 of the 79 stores made the pledge to
follow the law already in place. She supported the fee for all 79 stores and added that the
other 3,000 businesses in the community deserve a healthy, safe environment to conduct
their business and to invite the community to come and shop at their stores.
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No other members of the public approached the podium to speak.
SOTTILE then asked each of the Commissioners to share their thoughts on the proposed
ordinance and public comment.
DANKHA advised it was nice to get a full picture of what was going on in the community. It
is very important that all the rules, procedures and laws already in place be followed when
alcohol is sold. This would solve many problems.
BALES shared she personally knows many business owners and has watched them build
up their businesses over many years, including the long hours they worked. She wants to
find common ground to solve the issues identified. She supports keeping lines of
communication open.
CIRCO said there have seen quite a few of Type 20 licenses come before the Planning
Commission for approval and most have been turned down strictly based upon the
moratorium. He mentioned he deals with homeless people on a day-to-day basis in EI
Cajon as part of his job. No one he deals with on a regular basis is carrying around small
bottles of alcohol. They want money to buy a soda or a quart of milk. The big alcohol
related problem in EI Cajon is vandalism and public nuisance. The homeless have no
place to live and there is no enforcement. The proposed ordinance is trying to put teeth
into the law where the City would have a remedy whereby if there is a store that's
consistently selling to a persistent drunk, the City will then have recourse. Right now with
some of the grandfathered liquor stores there is no means of enforcement. The
Neighborhood Market Association has the means to playa valuable role in this and to talk
to local liquor stores. The deemed approved would give the City the ability to put more
strength into the process. Voluntary is his favorite solution. He would rather see a
voluntary effort to enforce laws already in place. He added it is a difficult issue and this is
why they take the time to receive the public input.
SOTTILE agreed with all that was said and broke the issue down into two approaches.
The micro approach would be to not sell small containers to people inebriated on a
consistent level. The macro approach would be an umbrella approach where the City
would have the tools to enforce no small containers to be sold. The City is trying to
address both and do want the community to police itself, however, he feels enforcement
should be in place as well. He does not want those grandfathered to be taken out of
business. He wants to see self-policing and if people are not able to police themselves,
the City should have the tools to take care of the issues locally like in meetings such as
this. He appreciated everyone's thoughts, especially Mr. ARABOs, and advised that there
would be other opportunities where all could come back to discuss the issues in the future.
SHUTE added a working draft should be ready for the June 10 Planning Commission.
SOTTILE invited all to return for the next session.
OTHER ITEMS FOR CONSIDERATION
There were none.
30
COMMISSIONER REPORTS/COMMENTS
CIRCa asked if in a residential area with a single-family home,a single car driveway and a
single curb spot out front, if there was any way to reserve that spot on the curb. RANU
responded since it is a public street, there is no way to reserve a spot.
ADJOURNMENT
Motion was made by CIRCa, seconded by SOTTILE, to adjourn the meeting of the
EI Cajon Planning Commission at 8:40 p.m. this 6th day of May, 2013 until May 20,2013,
at 7:00 p.m.; carried 4-0.
ATTEST:
Manjeet RANU, AICP, Secretary
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AGENDA
ITEM 18
SPECIAL MEETING OF THE
EL CAJON CITY COUNCIL
and PLANNING COMMISSION
MINUTES
CITY OF EL CAJON
EL CAJON, CALIFORNIA
MAY 28,2013
A Joint Special Meeting of the City Council and Planning Commission of the City of
EI Cajon, California, held Tuesday, May 28, 2013, was called to order by Mayor/Chair
Mark Lewis at 1:30 p.m., in the Council Chambers, 200 Civic Center Way, EI Cajon,
California.
ROLL CALL
Council/Agencymembers present:
Mayor/Agencymembers absent:
Mayor Pro TemNice-Chair present:
Mayor/Chair present:
Planning Commissioners present:
Other Officers present:
Ambrose
Kendrick and McClellan
Wells
Lewis
Bales, Circo, Dahnka, Mroz and Sottile
Rutledge, City Clerk/Secretary
Foley, Attorney/General Counsel
Williford, City Manager/Executive Director
Griffiths, Deputy Director of Public Works
Ranu, Planning Manager
PLEDGE OF ALLEGIANCE TO FLAG led by Mayor Mark Lewis and MOMENT OF
SILENCE. (The Courts have concluded that sectarian prayer as part of City Council
Meetings is not permitted under the Constitution).
POSTINGS: The City Clerk posted the Agenda of the May 28, 2013, joint special
meeting in accordance to State Law and Council/Agency Policy.
AGENDA CHANGES: None
Special Meeting: EI Cajon City Council
and Planning Commission
-142Minutes
May 28,2013
1:30 p.m.
1.1
GENERAL PLAN HOUSING ELEMENT WORKSHOP WITH RELATED
DISCUSSION OF EXISTING DOWNTOWN SPECIFIC PLAN NO. 182
(Report: Planning Manager)
RECOMMENDATION: That the City Council and Planning Commission
• Receive staff's presentation;
• Receive public comment; and
• Direct Staff to proceed with the Housing Element based on City Council and
Planning Commission input, notify property owners with property on the sites
inventory, conduct CEQA review and schedule public hearings; and
• Direct Staff to proceed with amending Downtown Specific Plan No. 182 based
on the general approach outlined in the Agenda Report.
DISCUSSION
City Manager Williford indicates the purpose of the meeting is to discuss two interrelated, major programs of the City: the proposed amendments to Specific Plan
No. 182, or the Downtown Master Plan, and the new Housing Element to the General
Plan. He comments on the future direction of the Master Plan, and possible integration
of a multi-use zone.
Veronica Tamm, Consultant, speaks about requirements of the Housing Element,
the importance of meeting the deadline for submission, and the benefits of obtaining a
"State Certification" status, in order to be eligible for State funding on certain projects.
Manjeet Ranu, Planning Manager, discusses the primary issues of the Housing
Element, including development of a strategic plan for allocation of housing units over
the next eight years, the need to change land use regulations, and the possible
addition of higher density housing and "up zoning".
Daryl R. Priest speaks in support of the plan presented by Staff, noting that it will
provide owners some flexibility and will support quality developments.
Councilmember Ambrose feels there was not enough infrastructure in the previous
plan. He concurs with comments made by Mr. Priest, and commends Staff and the
Planning Commission for being creative.
Commissioner Bales indicates she looks forward to future quality developments as
mentioned by Mr. Priest.
Paul Templeton states that he owns a lot on Chambers Street and is interested in
rezoning. He encourages the cleanup of EI Cajon and anything that Council can do to
facilitate it.
-143Minutes
May 28,2013
1:30 p.m.
ITEM 1.1 (Continued)
Eric Lund feels the City is taking a great direction and looks forward to supporting the
planned improvements.
Discussion ensues among Council, Staff and Planning Commissioners on the
following:
• Compliance with the regional housing needs allocation of 5,805 units;
• The proposal to plan and zone land, prior to formulating the details of future
housing developments;
• Concerns expressed by Commissioner Sottile about language and
terminology used in the plan;
• The challenge to support both single- and multi-family housing;
• Concerns about the homeless.
Councilmembers thanks Staff and Planning Commissioners for their efforts on
developing both plans.
Planning Manager Ranu states the next Planning Commission meeting on this
matter will be on August 12, 2013 at 7:00 p.m., and the City Council public hearing is
tentatively scheduled for August 2ih at 3:00 p.m. He advises the public may submit
comments in writing, and that a CEQA document will be available for review.
Mayor Lewis reiterates the public can still submit comments to both Council and the
Planning Division.
MOTION BY LEWIS, SECOND BY WELLS, to DIRECT STAFF to
proceed with the Housing Element based on City Council and
Planning Commission input, notify property owners with property
on the sites inventory, conduct CEQA review and schedule public
hearings; and DIRECT STAFF to proceed with amending
Downtown Specific Plan No. 182 based on the general approach
outlined in the Agenda Report.
MOTION CARRIES BY UNANIMOUS VOTE OF THOSE PRESENT.
(KENDRICK and MCCLELLAN - Absent)
ADJOURNMENT: Mayor Lewis adjourned the Joint Special Meeting of the EI Cajon
City Council and Planning Commission held this 28 th day of May 2013, at 2:34 p.m.
KATHIE J. RUTLEDGE, CMC
City Clerk/Secretary
-144Minutes
May 28,2013
1:30 p.m.
STAFF REPORT
JUNE 24, 2013 - 7:00 P.M.
COUNCIL CHAMBERS
200 CIVIC CENTER WAY
EL CAJON, CA 92020
AGENDA ITEM NO. 2
SUBJECT: RAZUKI MALL - AMENDMENT OF CONDITIONAL USE PERMIT NO. 2169
This is a public hearing on a request to modify project phasing requirements. The subject
property is addressed as 861 East Main Street. This project is exempt from the California
Environmental Quality Act (CEQA).
APN:
488-134-30
General Plan: General Commercial (GC)
Zoning:
Applicant:
Haith Razuki / 619.750.2024
Project Planner: Noah Alvey / 619.441.1773
Email:
[email protected] include"AMCUP2169" in Subject Line
**********
**********
**********
**********
RECOMMENDED ACTION: Move to adopt the proposed Resolution NO.1 0728 approving
an Amendment of Conditional Use Permit No. 2169, subject to conditions.
**********
**********
**********
**********
BACKGROUND
On July 9, 2012, the Planning Commission approved Conditional Use Permit No. 2169,
authorizing the relocation of an existing legal nonconforming liquor store into a new building
and the construction of new retail commercial development at the subject site. A complete
project description is included in the July 9, 2012 Planning Commission staff report, which
is attached to this report.
The approved commercial development was authorized as a two-phase project in order to
allow the continuous operation of the liquor store during construction. The phasing plan
(attached) authorized the construction of Building "C", a portion of the parking lot, and the
trash enclosure in Phase 1. Phase 2 included the demolition of the existing liquor store
and the construction of Buildings "A" and "B" along with the remaining public and private
improvements. The approving resolution (see attached Resolution No. 10696, condition
3.c) required the applicant to enter into an agreement with the City to guarantee the
installation and completion of all private improvements contained in the second (final)
phase of the project.
Planning Commission Staff Report
Amendment of Conditional Use Permit No. 2169
06-24-13
PROJECT DESCRIPTION
Existing Conditions: The subject property is located on the southwest corner of South
Mollison Avenue and East Main Street. The property is currently developed with a liquor
store (Main Street Liquor). The applicant has started to perform work for the new
commercial development by grading and constructing retaining walls.
Project Proposal: The applicant is requesting to modify the approved project phasing
requirements. Rather than providing a bond for Phase 2, the applicant is requesting to build
Phase 1 and occupy the building with a Temporary Certificate of Occupancy. After being
granted a Temporary Certificate of Occupancy, the applicant is proposing to demolish the
existing liquor store and then request a final Certificate of Occupancy for Phase 1.
GENERAL PLAN/CODE COMPLIANCE/FINDINGS/CEQA REVIEW
The July 9,2012 Planning Commission staff report includes information regarding General
Plan consistency, code compliance, required findings and CEQA review. The applicant's
request to modify project phasing will not affect these portions of the previous staff report.
Noticing Requirements: Notice of this public hearing was mailed on June 13, 2013, to all
property owners within 300 feet of the project site, and to anyone who requested such
notice in writing, in compliance with Government Code Sections 65090, 65091, and 65092,
as applicable. Additionally, as a public service, the notice was posted in the kiosk at City
Hall and on the city's website under "Public Hearings/Public Notices." The notice was also
mailed to the two public libraries in the City of EI Cajon, located at 201 East Douglas and
576 Garfield Avenue.
ANALYSIS
Staff believes the Commission can make all of the required findings to approve the
proposed project based on the project analysis contained in the July 9, 2012 Planning
Commission staff report.
Staff discussed phasing and bonding requirements with the applicant and several bonding
companies and discovered that it is not feasible to obtain a bond for private improvements.
The current phasing condition requires that the City essentially become the developer,
should the applicant fail to perform. This is not the role of the City. Since bonding is not
feasible, the Planning Commission will need to adopt a new resolution in order for the
project to be built in phases.
-2-
Amendment of Conditional Use Permit No. 2169
06-24-13
The applicant has proposed to link the opening of the new liquor store with the demolition
of the existing store in order to guarantee that the existing store is removed. Staff believes
that this is a viable option, if a Certificate of Occupancy for the new store is granted after
the existing store is demolished, rather than allowing the issuance of a Temporary
Certificate of Occupancy.
Staff believes that this project will benefit the community and improve the overall
appearance of the existing commercial corridor. The request to modify project phasing
requirements was routed for comments and no new comments were received. The Police
Department did not have any concerns related to project phasing or previously approved
conditions related to the sale of alcohol because of the conditions that the applicant has
agreed to abide by, which address numerous policing concerns.
The attached resolution includes all of the same conditions that were contained in P.C.
Resolution No. 10696, except for minor corrections and the following recommended
change:
3.c
The liquor store shall not operate in the Building "C" until the existing building is
demolished and the site is cleaned up with all necessary storm water
improvements in place and grading completed, as determined by the City
Engineer.
ATTACHMENTS:
1. Proposed Resolution No. 10728
EXHIBIT A - PC Res. 10728: Standard Conditions of Approval
EXHIBIT B - PC Res. 10728: Public Works Department comments dated 6-13-2012
EXHIBIT C - PC Res. 10728: Building comments dated 5-30-2012
EXHIBIT D - PC Res. 10728: Fire comments dated 5-30-2012
EXHIBIT E - PC Res. 10728: Helix Water District comments dated 6-4-2012
EXHIBIT F - PC Res. 10728: Phasing Plan
2. Application
3. Disclosure Statement
4. Project Narrative
5. July 9,2012 CUP No. 2169 Staff Report
-3-
AM CUP NO. 2169
Attachment 1
Proposed Reso. No.1 0728
PROPOSED PLANNING COMMISSION RESOLUTION NO. 10728
A RESOLUTION APPROVING AN AMENDMENT OF CONDITIONAL USE
PERMIT NO. 2169 TO MODIFY PROJECT PHASING REQUIREMENTS
FOR THE EXPANSION OF A LEGAL NONCONFORMING LIQUOR STORE
AND THE ADDITION OF NEW RETAIL COMMERCIAL BUILDINGS IN THE
GENERAL COMMERCIAL (C-G) ZONE, APN: 488-134-30, GENERAL PLAN
DESIGNATION: GENERAL COMMERCIAL.
WHEREAS, the EI Cajon Planning Commission held a duly advertised public
hearing on June 24, 2013 to consider an Amendment of Conditional Use Permit No. 2169,
as submitted by Haith Razuki, requesting to modify project phasing requirements related to
the expansion of a legal nonconforming liquor store and the construction of new retail
commercial buildings in the General Commercial (C-G) zone, on property located on the
southwest corner of South Mollison Avenue and East Main Street and addressed as 861
East Main Street; and
WHEREAS, the following findings of fact have been made in regard to said
conditional use permit:
A.
The proposed use is categorically exempt from environmental review in accordance
with 15332, Class 32 (In-Fill Development Projects) of the CEQA Guidelines
because the project is consistent with the General Commercial (GC) General Plan
designation and all applicable General Plan policies as well as with the C-G zoning
designation and regulations; the proposed development occurs within City limits on
a project site of no more than five acres surrounded by urban uses; the project site
has no value as habitat for endangered, rare or threatened species; approval of the
project would not result in any significant effects relating to traffic, noise, air quality,
or water quality; the site can be adequately served by all required utilities and public
services; and none of the exceptions listed in Section 15300.2 of the CEQA
Guidelines exist.
B.
The proposed use and new retail commercial buildings are consistent with the
applicable goals, policies, and programs of the General Plan. The expanded liquor
store is proposed in Building "C", adjacent to East Main Street. The store location
will implement General Plan policies that seek to minimize conflicts with sensitive
land uses by locating and orienting the store away from nearby residential uses.
The redevelopment of the site with new retail commercial buildings will also
implement several General Plan goals, policies and objectives by installing new
trees and landscaping; concealing trash and loading areas to the maximum extent
feasible; and by accommodating an infiltration system that is adequately sized to
handle runoff at the site.
C.
The proposed site plan and building design are consistent with all applicable use
and development standards. The proposed site plan complies with minimum
Zoning Code development standards. New signs will comply with the Sign Code, if
the applicant submits a master sign program that is in substantial compliance with
Proposed Planning Commission Resolution No. 10728
the conceptual sign locations. New landscaping at the site will comply with the
Water Efficient Landscape Code, if the applicant obtains approval of a landscape
documentation package and installs all landscaping elements in accordance with
the approved plans. The proposed building elevations are comprised of vertical and
horizontal elements that consist of a mixture of exterior textures that include stucco,
metal and stone veneer. The building design complies with the Zoning Code
because the new structures use varied materials and textures that will upgrade the
appearance of the area and will be compatible with surrounding buildings.
D.
The proposed use will be operated in a manner that is compatible with existing and
planned land uses in the vicinity of the proposed use. The Zoning Code permits the
relocation and expansion of the existing nonconforming liquor store, if the Planning
Commission approves a conditional use permit. The resolution incorporates limited
hours of operation that will promote compatibility of the liquor store with the
surrounding properties and uses. The proposed liquor store expansion will provide
additional space that will be used to display and sell produce, packaged food, and
convenience items.
E.
The proposed use and project design will not be detrimental to the public health,
safety, and general welfare, including but not limited to matters of noise, smoke,
dust, fumes, vibration, odors, and hazards or excessive concentrations of traffic.
The proposed use would include liquor sales and additional retail uses. Activities at
the site will occur within enclosed buildings and sufficient onsite parking will be
provided. The operation of the proposed commercial shopping center will not
involve equipment that generates excessive amounts of noise, smoke, dust, fumes,
vibrations, odors or hazards that may negatively impact the surrounding
neighborhood. Noise from the liquor store and shopping center will not exceed the
performance standards contained in the Zoning Code. The redevelopment of the
site will be compatible with adjacent residentially-developed properties because it
incorporates a masonry block wall, with trim cap, and landscaping as a buffer. A
Traffic Letter Report confirms that the proposed project will not generate excessive
concentrations of traffic.
F.
The proposed use is in the best interest of public convenience and necessity. This
proposal will remove an outdated building and parking areas that have become
degraded over the years. The proposed development is comprised of new buildings
and new site improvements that will enhance the existing commercial district. The
expanded store will create a convenient location for nearby residents to obtain
produce, packaged food, and convenience items.
NOW, THEREFORE, BE IT RESOLVED that based upon said findings offact stated
above, the El Cajon Planning Commission hereby APPROVES the amendment of
Conditional Use Permit No. 2169 to modify project phasing requirements related to the
expansion of a legal nonconforming liquor store and the construction of new retail
commercial buildings in the C-G zone, on the above described property, subject to the
following conditions:
Page 2 of6
1.
Prior to the issuance of building permits, the applicant shall submit a revised, onepage mylar site plan to the Planning Division that reflects the following specific
notes and changes:
.
a. Indicate that the wallon the southerly property line will be a masonry block wall
.
with a trim cap.
b. Add the corrections and comments listed in the Public Works Department
comments, Section C, dated 6-13-2012.
c. Add the on-going conditions of approval listed in condition no. 4 under the
heading, "Planning Notes."
d. Include a floor plan for the liquor store on the final site plan. The floor plan shall
reflect the following requirements:
i. The alcohol display area shall not exceed 40% of the retail display area.
ii. The entrance to the liquor store shall be located adjacent to East Main
Street.
iii. The window adjacent to East Main Street shall not be obscured by
merchandise or signage.
2.
In addition to complying with the notes and site configuration of the approved
CUP No. 2062 site plan, the following conditions shall be satisfied:
a.
The applicant shall comply with all the applicable conditions listed in the
"Standard Conditions of Approval" adopted by the Planning Commission in
Resolution NO.1 0649, and attached to this resolution as "Exhibit A."
b.
The applicant shall comply with the comments from the Public Works
Department as noted in the attached memo labeled "Exhibit B" and dated
6-13-2012.
c.
The applicant shall comply with the building comments from the Building &
Fire Safety Division as noted in the attached memo labeled "Exhibit C" and
dated 5-30-2012.
d.
The applicant shall comply with the fire comments of the Building & Fire
Safety Division as noted in the attached memo labeled "Exhibit 0" and
dated 5-30-2012.
e.
The applicant shall comply with the requirements of the Helix Water District
as noted in the attached letter labeled "Exhibit E" and dated 6-4-2012.
3.
Prior to the issuance of building permits, the following conditions of approval shall
be satisfied:
a.
The construction plans submitted to the Building and Fire Safety Division
shall reflect the approved materials, colors and site configuration approved
by the Planning Commission.
b.
A Landscape Documentation Package shall be prepared and submitted to
the Planning Division for review and approval. The approved landscaping
and irrigation plans shall be included the construction plans.
c.
The liquor store shall not operate in the Building "G" until the existing building
is demolished and the site is cleaned up with all necessary storm water
improvements in place and grading completed, as determined by the City
Engineer.
Page 3 of 6
4.
The following are ongoing conditions of approval for the term of this conditional use
permit and shall be noted on the CUP site plan.
a.
No video or other electronic games shall be located in the liquor store.
b.
The liquor display area shall not exceed 40% of the retail display area, and
shall be limited to the area shown on the approved CUP site plan.
c.
Outdoor display of merchandise is prohibited.
d.
The window for the liquor store adjacent to East Main Street shall remain
non-obscured, with the interior of the liquor store visible at all times from
outside the building. No signs or merchandise shall obscure the window at
any time.
e.
The store shall not display for sale, trade or exchange, any airline- or "shot-"
sized bottles of alcohol (50 milliliters or less) except in an area under the
control of the seller's employee(s). Three acceptable methods of displaying
such bottles shall be:
i.
In a completely enclosed cabinet or other storage device which shall
be permanently affixed to a building or building structure, and which
shall, at all times except during access by authorized representatives,
remain securely locked.
ii.
In an enclosed area behind a sales or service counter which the
public is not permitted to enter (within the area approved for liquor
sales on the final CUP site plan).
iii.
In an area under the direct visual supervision of employees at all
times during business hours (within the area approved for liquorsales
on the final CUP site plan).
f.
Any alteration to the approved configuration of the floor plan on the final CUP
site plan may require an amendment to the conditional use permit.
g.
This conditional use permit shall terminate and cease to apply to this
establishment if the liquor store:
i.
Shall have ceased its operation for a period of 90 or more calendar
days, if there is thereafter filed any application or requested
transaction with the State of California, Department of Alcoholic
Beverage Control, whereby the laws of the State of California require
notice thereof to be filed with the city, and allow the filing of a protest
thereon by the city (including person-to-person transfer of existing
licenses).
ii.
days, and where after such 90-calendar-day period, the existing
license shall have ceased to apply to such establishment.
iii.
Where the existing license shall have been surrendered to the
Department of Alcoholic Beverage Control for a period exceeding 180
calendar days.
h.
Landscaping shall be routinely maintained, weeded and trimmed in a neat
and orderly manner, watered and fertilized to achieve a healthy appearance;
kept free of dead and/or dying plant materials, replacing plant materials as
Page 4 of6
i.
needed; and the irrigation system shall be properly maintained and operated
to provide appropriate watering, and to avoid inadequate and excessive
watering.
The approved hours of operation for the liquor store are 8 a.m. to 12 a.m.
5.
Prior to the installation of any signs, the applicant shall submit and obtain approval
of a comprehensive sign program. The sign program shall address individual
building facade mounted signs as well as the manner in which space is allocated to
tenants on any freestanding signs. The sign program shall reflect a complementary
and coordinated design for the shopping center.
6.
The Planning Commission may at any time during the life of this use permit, after
holding a properly noticed public hearing, at which time the applicant may appear
and object under applicable law to any potential revocation or modification of the
conditions of approval, and after considering testimony as to the operation of the
approved use, revoke the permit, or modify the permit with any additional conditions
as it deems necessary, to ensure that the approved use continues to be compatible
with surrounding properties and continues to be operated in a manner that is in the
best interest of public convenience and necessity and will not be contrary to the
public health, safety or welfare.
7.
The existence of this conditional use permit shall be recorded with the County
Recorder.
8.
The proposed use shall be developed and operated in substantial conformance as
presented in the Planning Commission staff report titled Conditional Use Permit No.
2169, dated July 9,2012, except as modified by this resolution. Operation of the
use in violation of the conditions of approval is grounds for revocation.
9.
If this permit is not legally exercised within two years of project approval,
and a written request for an extension of time has not been received by the
Planning Secretary within the same time period, and subsequently approved, this
conditional use permit shall be considered null and void per EI Cajon Zoning Code
Section 17.35.010.
{The remainder of this page intentionally left blank}
Page 5 of6
PASSED AND ADOPTED by the EI Cajon Planning Commission at a regular
meeting held June 24, 2013, by the following vote:
AYES:
NOES:
ABSENT:
Anthony Sottile, Chairman
ATTEST:
Page 6 of 6
AM CUP NO.2169
ExhibitA - PC Reso. NO.1 0728
Standard Conditionsof Approval
STANDARD CONDITIONS OF DEVELOPMENT
(Planning Commission Resolution No. 10649)
All projects approved by the Planning Commission shall comply with the following standard conditions!
unless specifically exempted by the Commission or Council.
A.
B.
GENERAL
1.
The applicant shall comply with the school impact fee requirements of the
Grossmont Union High School Districts! Cajon Valley, and La Mesa-Spring Valley School
Districts when applicable.
2.
For projects that require a grading permit and excavate more than three feet into native
soils! and prior to the issuance of a Building Permit, the applicant shall submit a letter
to the Director of Community Development agreeing to suspend construction in the
vicinity of a cultural resource encountered during development of the site! and leave
the resource in place until a qualified archaeologist can examine them and
determine appropriate mitigation measures. All fees and expenses for the retaining of a
qualified archaeologist shall be paid by the applicant and shall not be at City
expense. The applicant shall agree to comply with mitigation measures recommended
by the archaeologist and approved by the Director of Community Development.
PROJECT SITE
1.
The applicant shall comply with all regulations and code requirements of the Building
and Fire Safety Division! Public Works Department! the Police Department and any other
agencies requiring review of the project. If required, these agencies shall be supplied
copies of the final building and site plans.
2.
All landscape areas that adjoin parking spaces! driveways! vehicular circulation areas! or
the public right-of-way shall be protected from encroachment by vehicles in a manner
that also complies with state storm water regulations! which require storm water to be
discharged to landscaped areas in order to reduce or eliminate the discharge of
pollutants. The method of protection shall be determined by the Director of public
works or the director's designee. The approved method may include six-inch high curb
segments! wheel stops! decorative rock bands! or other methods determined to be
acceptable by the Director of public works.
3.
Environmental and engineering studies, as directed by the Director of Community
Development! must be complete and on file prior to commencement to plan checking.
Developer shall install off-street improvements determined necessary by the City
Engineer to provide safe traffic conditions.
4.
Developer shall underground existing and required on and off-site utilities as specified in
Chapter 15 of the Municipal Code! or as deemed necessary by the City Engineer.
C.
D.
5.
All development projects shall comply with Title 12 (Streets and Sidewalks), and Title 13
(Water, Sewers, Grading, Erosion and Stormwater) of the EI Cajon Municipal Code as
determined by the City Engineer.
6.
All retaining walls visible from public right-of-ways shall include decorative elements,
subject to approval by the Planning Division.
7.
The design of any masonry soundwall shall be approved by the Planning Division. Such
walls shall match or be architecturally compatible with existing soundwalls of
neighboring projects along that street. All masonry wallsshall have a trim cap.
ARCHITECTURE
1.
All exterior materials and colors used in this project shall be in conformance with the
materials and color samples approved asa part of this application.
2.
All mechanical, and/or roof mounted equipment shall be architecturally screened from
public view.
3.
All trash/recycling enclosures shall be constructed of masonry material with viewobscuring doors. The enclosure shall include materials and colors consistent with the
primary building and meet appropriate Stormwater Division requirements. Required
roofs shall match elements of the primary building and shall include a fascia trim.
4.
All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted or
finished to match the color of the adjacent surface, unless otherwise directed by the
Planning Commission.
5.
Soffits and other architectural elements visible from view but not detailed on the plans
shall be finished in a manner that is architecturally compatible with the exterior of the
building.
6.
Finish quality of approved exterior design elements shall be subject to approval of the
Planning Division prior to issuance of Certificate of Occupancy.
7.
Any decorative elements around the base of a building (stone veneer or tile, etc.) shall
be finished with a decorative cap or trim piece.
LANDSCAPING
1.
Specific landscaping for screening shall have an appearance of mature growth subject to
a field check and approval by the Planning Division prior to the issuance of a Certificate
of Occupancy.
2.
All existing trees to remain shall be shown on the gradingplan.
E.
3.
The area under the drip line of all existing trees that are to remain shall be protected
during construction by a fence or other acceptable means. Grading shall be restricted
under the trees to prevent soil compaction and to prevent root damage.
4.
All sloped banks greater than three (3) feet in vertical height and 2:1 or greater slope
shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: deep-rooting grasses, ground cover and shrubs. Shrubbery shall be a minimum
one-gallon size and shall have a minimum separation of one (1) times the mature width
and on slopes of 10 feet or more in vertical height shall include, a minimum of one (1)
tree for every 600 square feet of the total slope area. Trees shall be a minimum fivegallon size and shall be spaced a minimum of 30 feet apart. Trees and shrubs shall be
planted in staggered clusters to soften and vary the slope plane. Slope planting required
by this condition shall include a permanent irrigation system to be installed by the
developer prior to occupancy.
5.
All landscaping shall be maintained in good growing condition. Such maintenance shall
include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
fertilizing and regular watering. Whenever necessary, dead or dying plants shall be
replaced with other plant materials to ensure continued compliance with applicable
landscaping requirements. Required irrigation systems shall be fully maintained in
. sound operating condition with heads periodically cleaned and replaced when missing
to ensure continued regular watering of landscape areas, and health and vitality of
landscape materials.
MISCElLANEOUS
1.
Final occupancy shall not be granted until all construction and landscaping is complete
in accordance with all approved plans. Under certain circumstances, a temporary
occupancy may be granted prior to final inspection.
2.
It is the responsibility of the applicant or developer to check with each agency for
requirements that may pertain to their project.
3.
All signs shall be submitted to the Planning Division for review and approval per Section
17.190.060 of the El Cajon Municipal Code.
4.
The site shall be maintained in a neat and clean manner free of trash and debris.
5.
Certain outdoor equipment, such as satellite dishes and back-flow prevention devices
shall be Visually screened or painted to match surroundings upon installation subject to
the approval of the Planning Division. Screening devices shall be shown on construction
and/or landscape plans.
6.
All exterior light fixtures shall be shown on a lighting plan and made part of construction
drawings subject to staff review and approval. All lights attached to buildings shall
provide a soft "wash" of light against the wall. All building, parking, and yard lights shall
conform to the City General Development Standards 17.130.150 and Performance
Standards 17.115.130 (G) and shall complement the site and building architecture.
7.
The removal of trees shall not take place during the bird-nesting (breeding) season
(February 1 through August 15), unless written authorization from a qualified biologist
to proceed with tree removal is submitted to the Planning Division. If clearing is
proposed to take place during the breeding season, a survey shall be conductedby the
qualified biologist to determine if nests are present, or nest building or other
breeding/nesting behavior is occurring. If nesting is not occurring (which includes nest
building or other breeding/nesting behavior) within this area, clearing shall be allowed
to proceed. If nesting is occurring (or breeding/nesting behavior is occurring), tree
removal shall be postponed until a qualified biologist determines that all nesting (or
breeding/nesting behavior) has ceased or until after August 15.
8.
The placement of bollards within parking areas and driveways shall only be permitted
when no other alternative design (curbs or landscaping) is feasible and accepted by the
Building Official.
AM CUP NO. 2169
Exhibit B - PC Reso. No. 10728
Public Works Depart. comments
APN: 488-134-30
Street Name
Right-or-Way
Curb
\
Street Class
General Plan Class
J
I
J
Exist
Prop
Exist
Prop
EAST MAIN STREET
100'
100'
76'
76'
PRIMARY
GENERAL
COMMERCIAL
SOUTH
MOLLISON AVENUE
84'
84'
64'
64'
SECONDARY
GENERAL
COMMERCIAL
TO:
PLANNING DIVISION
FROM:
DEPARTMENT OF PUBLIC WORKS
RE:
CUP 2169
LOCATION:
861 EAST MAIN STREET
PUBLIC WORKS REQUIREMENTS AND COMMENTS WITH THIS ACTION
A.
STORM WATER REQUIREMENTS AND COMMENTS WITH THIS ACTION
A-I.
Add the following notes to the Conditional Use Permit (CUP) Site Plan and implement the Best
Management Practices as a condition of the CUP:
All operations shall comply with the City's Jurisdictional Urban Runoff Management Program
(JURMP) and the City's Storm Water Ordinance (Municipal Code 13.10 and 16.60) to minimize
or eliminate discharges of pollutants to the storm drain system. Operations shall include
implementation ofBest Management Practices (BMPs) as follows:
a.
Only rain is permitted to enter the storm drain system. Discharges (direct or by
conveyance) oftrash, debris, vehicle fluids, or wastewater (including washing fluids) to the
storm drain system are strictly prohibited.
b.
No new food grinders (disposals) shall be installed in compliance with Municipal Code
13.38.040.
c.
Sweep or vacuum to clean outdoor areas (trash enclosures, sidewalks and parking lots).
Power washing and the washing offloor mats in outdoor areas is strictly prohibited.
d.
Maintain parking area to be free from trash and petroleum leaks.
e.
Provide sufficient trash receptacles.
f
Dispose ofwastes properly.
H:\PRIVATE DEV\PLANNING ACTIONS\CUP 2 J 69_86 J E. Main St.doex
Page J of 4
g.
All dumpsters used by this project shall have lockable lids. All lids on all dumpsters shall
remain closed while dumpster is not directly in use and locked after business hours. All
dumpsters shalf be properly stored inside ofa building or in a covered trash enclosure.
h.
All trash enclosures must be secured, covered with an impervious roof, and constructed
with a berm or grade-break across the entire entrance in accordance with the
requirements of Public Works Storm Water Attachment No. 2 (available to the public
through Public Works on the 4th floor of City Half).
i.
Any food service establishment shall provide any necessary spill response kits for grease
spills. The spill response kits must be available and quickly accessible to employees.
Signage must be posted to clearly denote the locations ofthe kits.
J.
All materials must be stored in a properly covered and contained area that will not be
exposed to rainwater, either directly or indirectly.
k.
All storm water runofftreatment control mechanisms (Low Impact Development (LID) and
other treatment control BMPs) employed on the property shall be maintained to be in good
working order and replaced as necessary.
1.
All "No Dumping" signage shall be maintained to be legible and replaced as necessary. A
template for painting the concrete or asphalt around inlets and catch basins can be
provided by the City upon request.
For Public Works requirements on this Planning Action please refer to the Conditions of
Approval. This Site Plan may not clearly show existing or proposed improvements in the public
right-of-way and should not be usedfor public improvement construction purposes."
B.
STORM WATER REQUIREMENTS AND COMMENTS (PRIOR TO THE ISSUANCE
01" ANY BUILDING PERMIT):
B-l.
All building permit plans and landscaping plans shall comply with all phases of the approved
Storm Water Mitigation Plan (SWMitP) and the approved Grading and Drainage Plans.
a. The landscaping plans shall include a detailed cross-section for required amended loamy sand
soils in the engineered treatment swale. The engineered soil section must be at least 18" in
depth and span the width of the swale. Planting in this soil is allowed and encouraged, but no
mulch is allowed in flow lines and a note must be included to this effect.
b. Details and notes must be included to show that all final grades in all landscaped areas must be
at least 2" below tributary hardscape. Final landscape grades must be 4" below all tributary
drainage structures and include proper permanent erosion control devices (i.e. riprap).
B-2.
In accordance with the City's lot grading ordinance, no grading or soil disturbance, including
clearing of vegetative matter and demolition activities, shall be done until all necessary
environmental clearances are secured and an Erosion Control Plan (ECP) has been reviewed and
approved by Public Works.
H:\PRIVATE DEV\PLANNING ACTIONS\CUP 2169_861 E. Main St.docx
Page 2 of 4
a.
The approved ECP shall be included with all final building permit plan sets. The ECP
shall control sediment and pollution and be in compliance with the City's 2008
Jurisdictional Urban Runoff Management Plan (JUR\t1P). The plan should show measures
to ensure that pollutants and runoff from the development are reduced to the maximum
extent practicable.
NOTE:
FAILURE TO COMPLY 'WITH OR IMPLEMENT CUP CONDITIONS IS
CONSIDERED A VIOLATION OF THE CITY'S JURNIP AND MAY RESULT IN A CITATION
WITH MONETARY FINES, CRIMINAL CHARGES, AND/OR REVOCATION OF PERMIT.
c.
PRIVATE DEVELOPMENT REQUIRNIENTS AND COMMENTS REQUIRED WITH
THIS ACTION:
C-1.
Include the following on the CUP Site Plan:
a.
Show the existing public utilities (fire hydrant, street light, power pole, telephone box, traffic
signal equipment, sewer manholes) that abut subject property along East Main Street and
South Mollison Avenue on the CUP Site Plan.
b.
Show the new full-width sidewalks on both East Main Street and South Mollison Avenue.
Also show the new curb ramp, curb return radius and modified traffic signal equipment at
the southwest comer of East Main Street and South Mollison Avenue.
D.
PUBLIC 'VORKS COMMENTS AND REQUIREMENTS WITH THIS ACTION AND
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT:
D-l.
Reconstruct the existing curb return at the southwest comer of East Main Street and South
Mollison Avenue to a 35-foot curb radius. Relocate the existing traffic signal equipment
including, but not limited to a new traffic signal pole and equipment, the relocation of the traffic
signal controller, rewire of a portion of the signal service cabinet and any related work to
accommodate the new curb radius. Provide a new curb ramp on the southwest corner of East
Main Street and South Mollison Avenue per San Diego Area Regional Standard Drawings
(SDRSD) G-27 and with a 4' x 3' truncated dome for ADA compliance.
D-2.
Close the existing driveways on East Main Street and South Mollison Avenue and replace with
full height curb and gutter and sidewalk per SDRSD G-2, G-7, G-9, G-IO and G-ll.
D-3.
Reconstruct the proposed driveways on South Mollison Avenue and East Main Street per SDRSD
G-26 for ADA compliance. Include 2-foot transitions on both sides of the driveways for 8" to 6"
curb transitions. Edge of driveways shall be a minimum of 3-feet from the property line and all
obstructions. The driveways shall be a minimum 24'/36' curb cut. Repair all damaged concrete
curb and gutter and sidewalk. Relocate any existing facilities (such as utility pole and support
cables) away from the transition areas as needed.
H:\PRIVATE DEY\PLANNING ACTIONS\CUP 2\69_861 E. Main St.docx
Page 3 of4
The driveway on East Main Street shall be signed 'Right tum only'. Also, the existing sewer
manhole located in the sidewalk on East Main Street may need to be relocated to .accommodate the
proposed driveway.
Remove the existing utility pole to the north of the proposed driveway on South Mollison Avenue.
D-4.
Remove the existing sidewalk on South Mollison Avenue and replace as full width 10' sidewalk
per SDRSD G-7, G-9, G-lO and G-ll.
D-5.
Remove and replace the sidewalk, curb and gutter on East Main Street per SDRSD G-2, G-7, G-9,
G-IO and G-ll.
E.
GENERAL
E-l.
An Encroachment Permit is required for any construction work within the public right-of-way.
E-2.
Repair all damaged curb and gutter, sidewalk and driveway.
DENNIS C. DAVIES
Deputy Director of Public Works
H:\PRIVATE DEV\PLANNING ACTIONS\CUP 2169_861 E. Main St.docx
Page 4 of 4
AM CUP NO. 2169
Exhibit C - PC Reso. No.1 0728
BUilding comments
CITY OF EI CAJON
I
RECEIVED
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MIW 30 2012
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PLANNING DIVISION
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MEMORANDUM
Wednesday, May 30,2012
To:
Planning Division
From:
Building and Fire Safety Div., Dan Pavao
Subject:
Building Comments for CUP 2169
861 E. Main St.
Building Comments for this planning application are as follows:
1.
Comply with Currently adopted edition of the CSC, CMC, cpe, and CEC.
2.
A Building permit is required for this project.
3.
Project must comply with Title 24 disabled access regulations.
4.
Title 24 energy efficiency compliance and documentation is required.
5.
Soils report will be required for this project.
6.
A licensed design professional is required for this project.
7.
An automatic sprinkler system is required by CBC or local ordinance.
8.
A demolition permit and bond are required for structures being removed.
9.
Undergrounding of all on-site utilities is required.
10. Address will be assigned at plan check.
AM CUP NO, 2169
Exhibit D - PC Reso, No, 10728
Fire comments
CITY OFEI CAJON
i--RECEIVED!
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PLANNING DIVISION
MEMORANDUM
Wednesday, May 30,2012
To:
Planning Division
From:
Subject:
Fire Comments forCUP 2169
861 E. Main St.
Fire Comments for this planning application are as follows:
1.
This project must comply with currently adopted edition of the CFC.
2.
All weather fire access road shall be available on the job site before start
of canst.
3.
An approved automatic fire sprinkler system is required for this project.
4.
Commercial address numbers shall be visible from the street,
contrasting in color from wall surface, and minimum 8 inches in size
(individual suite numbers may be 3").
5.
Fire extinguisher is required. One for every 3000 s.f with max. 75 ft.
travel distance. Minimum size 2A 1OBC with signage.
6.
Install fire hydrants per Fire Department requirements.
7.
Knox Box required. Contact Fire Department for application.
Dan Pavao
AM CUP NO.2169
Exhibit E - PC Reso, No. 10728
Helix Water District comments
Helix Water District
(619) 466-0585
FAX (619) 466·1823
www.hwd.com
Setting standards of excellence in public service
RECEIVED
June 4, 2012
Noah Alvey
Associate Planner
City of EI Cajon
200 Civic Center Way
EI Cajon, CA 92020
SUbject:
JUN 0' 520i2
L
PLANNING DIVISION
Conditional Use Permit No. 2169
APN: 488-134-30-00
861 E. Main 8t.
Dear Mr. Alvey;
Thank you for the opportunity to comment on the subject project. Helix Water District serves the subject property
with 2 - 1 inch water services. The nearest fire protection is provided by a fire hydrant near the SE corner of the
property with 1-4, 2-2.5 inch outlets. Water pressure in the area is approximately 8 psi.
We have reviewed and signed plans for this property in the past but construction was halted. We will require new
plan submittals to review and signatures of the plans by all interested parties prior to construction beginning again.
Onsite fire services and fire hydrants have been required by the fire department and are shown on the expired
plans Helix signed.
Backflow devices will be required for any existing water services that will be providing water to the property and
shall be installed per current Water Agencies' Standards. The new backflow devices shall be tested by a certified
backflow tester with a copy of the passing test results forwarded to Helix Water District attention Darrin Teisher.
The owner's shall submit to us the proposed make and model of backflow device they intend to use for approval
prior to the purchase or installation. They also should check with the City of EI Cajon regarding permits for the
installation.
If you have any questions, please call me at (619) 667-6277.
Sincerely,
~
M/J1-<u' of)
Chris Magi" -- C)'Senior Engineering Technician
c:
Ross, Anub, Perdomo - Helix Water District
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AM CUP NO. 2169
Attachment 2
Application
community Development Department
Planning Division
DISCRETIONARY PERMIT APPLICATION
City of EI Cajon
Type of Discretionary Permit(s) Requested
DAZP
D Specific Plan
!2cup
DLLA
DTSM
DTPM
DpUD
DZR
DpRD
DVAR
D Other:
Applicant Information (the individual or entity proposing to carry out the project; not for consultants)
Company Name:
_Hp\,tb
Contact Name:
~z{O._-'=k--...LIS-'-'--1.
~~CL-j
E?61 £: M "-I;"
610/- 250 ~ 21)2. If
Address:
Phone:
Interest in Property:
5'
+
_
_
{£ / CA jt>YI
o Lease
!Rl Own
1202
('A
0
(7
Option
Project Representative Information (if different than applicant; consultant information here)
Company Name:
Contact Name:
Address:
C,'ef-
tiiet>e.
-G. en e
J0
"'('otA€
C t-eP~ (tdi_~
:s 2- 5'
C,,-,I-,I~2,--1.=--6,--·
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V t' s ~ ~2~ {re 1'1 1-0 ----1.0 (/i,( /( w ()... y
858-filf7-Q)OO
Phone:
License:
A(Cl11'+e~·t-
Email:
,
_
_~e.r&Ct.eet>-{OI. . €..COM
Property Owner Information (if different than applicant)
Company Name:
Jd~tJJ_~ vJ<. ,-'-'
Contact Name:
LC\L+!A
_
Address:
116/ b
f1~_5"7L
Phone:
6'/1- 72 {;. - 020}
_
~ l>~ki k l '
Email:
C~JDV1 C A 92020
_R JJ(}.( ~th CO tlo7m rAr'/ <:011-1
£/
I [I Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743
Fax
Project Location
Parcel Number (APN):
Address:
Nearest Intersection:
488~/Jf.,/-
50-
~61 £ Mr;..IA 57 I 1£/ C~"j)1? C A
J, mn&lS'tW frVf NV'tJ { f}j!rJ1'f S77<E'Pt
Project Description (or attach separate narrative)
See
Hazardous Waste and Substances Statement
Section 65962,5(f) of the State of California Government Code requires that before the City of EI Cajon
accepts as complete an application for any discretionary project, the applicant submit a signed
statement indicating whether or not the project site is identified on the State of California Hazardous
Waste and Substances Sites List. This list identifies known sites that have been subject to releases of
hazardous chemicals, and is available at http:/Lwww.calepa.ca.gov/sitecleanup/corteselistj. Check the
appropriate box and if applicable, provide the necessary information:
The development project and any alternatives proposed in this application:
'~.)s/are NOT contained on the lists compiled pursuant to Government Code Section 65962.5.
is/are contained on the lists compiled pursuant to Government Code Section 65962.5.
If yes, provide Regulatory Identification Number:
Date of List:
_
o
=-_
APPlicantSignature"?-==-4_~=c
Authorization
Property Owner Sign
1.
~ :
e:
c;~~--
__
Date:
Date:
r 17·-/2~
S--/2-IL
Applicant's Signature: I certify that I have read this application and state that the above information iscorrect, and that I am the property
owner, authorized agent of the property owner, or other person having a legal right, interest, or entitlement to the use of the property
that is the subject of this application. I understand that the applicant is responsible for knowing and complying with the governing
policies and regulations applicable to the proposed development or permit. The City is not liable for any damages or loss resulting from
the actual or alleged failure to inform the applicant of any applicable laws or regulations, including before or during final inspections. City
approval of a permit application, including all related plans and documents, is not a grant of approval to violate any applicable policy or
regulation, nor does it constitute a waiver by the City to pursue any remedy, which maybe availableto enforce and correct violations of
the applicable policies and regulations. I authorize representatives of the City to enter the subject property for inspection purposes.
2.
Property Owner's Signature: If not the same as the applicant, property owner must also sign. A Signed, expressed letter of consent to
this application may be provided separately instead of signing this application form. By signing, property owner acknowledges and
consents to all authorizations, requirements, conditions and notices described in this application. Notice of Restriction: property owner
further acknowledges and consents to a Notice of Restriction being recorded on the title to their property related to approval of the
requested permit. A Notice of Restriction runs with the land and binds any successors in interest.
AM CUP NO. 2169
Attachment 3
Disclosure Statement
Community Development Department
Planning Division
City of El Cajon
DISCLOSVRE STATEMENi
Disclosu re Statement
This statement is intended to identify and avoid potential conflicts of interest that may
exist between the project proponents and the decision makers; including City staft
Planning Commissioners, and City Council members.
The following information must be disclosed:
1.
List the names and addresses of all persons having a financial interest in the
application.
H~I '.(4
«. f>.Z4 Ie, ( ~_._ _
50. f", M &0'- Z C1. Ie, '.__
list the names and address of all persons having any ownership interest in the
property involved.
2.
If any person identified pursuant to (1) above is a corporation or partnership, listthe
names and addresses of all individuals owning more than 10% of the shares in the
corporation or owning any partnership interest in the partnership.
3.
If any person identified pursuant to (1) above is a trust, list the name and address of
any person serving as trustee or beneficiary or trustor of the trust.
'---~---'----
I EI Cajon I California
192020
I 619-44-1-1742 Main I 619-441-1743 Fax
4.
Have you or your agents transacted more than $500.00 worth of business with a~Y
member of City staff, Boards, Commissions, Committees and Council within the past
12 months or $1,000.00 with the spouse of any such person? Yes _ _ No
vi':
If yes, please indicate personts), dates, and amounts of such transactions or gifts.
"Person" is defined as "Any individual, proprietorship, firm, partnership, joint venture,
syndicate, business trust, company, corporation, association, committee, and any other
~.o.
rg:;.zat.
;=
or group
0 0.0
f pe_rs_o?ns
acting in concert.~:OV'\ Code §82047.
~
rrcA.fih f:?\ZU
NOTE: Attach appropriate names on additional pages as necessary.
,
Sf
AM CUP NO. 2169
Attachment 4
Project Narrative
April 30, 2013
Noah Alvey
City of El Cajon
EI Cajon, CA 92020
Re: Conditional Use Permit No. 2169 (P.C Resolution No. 10696)
Noah Alvey:
The purpose of this letter is to request that the Community Development Department
issue the following permits for construction at the southwest comer of East Main St.
and S. Mollison Ave.:
Phase No.1: BP 2012-360 (120 S. Mollison Ave.)
Phase No.2: BP 2012-361 (110 S. Mollison Ave.)
P.c. Resolution No. 10696, Condition 3.c (attached) requires that the City Attorney
approve a bond or trust agreement guaranteeing the improvements in Phase No.2 prior
to the issuance of building permits for the project, Unfortunately, we have not been
unable to obtain a bond that will guarantee the improvements in Phase No.2.
In order to retain project financing it is urgent that construction commence
immediately. We are requesting that permits for Phase No.1 and Phase No. 2 be issued
simultaneously and that the project continue as a single phase project. We fully
understand and acknowledge that the entire project will need to be completed prior to
the issuance of a Certificate or Occupancy for any of the buildings, unless the Planning
Commission approves a change to condition 3.c of P.c. Resolution No. 10696,
Condition 3.c.
If the Community Development Department approves the issuance of building permits
for the project, we would like to request that the Planning Commission reconsider
condition 3.c of P.c. Resolution No. 10696. In order to guarantee the project will be
completed, we respectfully request that we be allowed to occupy Phase No.1 (120 S.
Mollison Ave.) with a Temporary Certificate of Occupancy. After being granted a
Temporary Certificate of Occupancy, we will demolish the existing liquor store and
then request a final Certificate of Occupancy for 120 S. Mollison Ave. By authorizing
this change in project phasing we believe that we are providing a guarantee to the
Planning Commission that the project will be completed.
Thank you for your consideration of this request. Please let me know if you have any
questions or if there are alternative solutions that would allow the construction to
commence immediately.
Haith Razuki
Property Owner
Attachment: P.e. Resolution No. 10696
AM CUP NO. 2169
Attachment 5
July 9, 2012 StaffReport
STAFF REPORT
JULY 9, 2012 ·7:00 P.M.
COUNCIL CHAMBERS
EL CAJON, CA 92020
AGENDA ITEM NO. 2
SUBJECT:
CONDITIONAL USE PERMIT NO. 2169 - RAZUKI MALL
This is a public hearing on a request to expand an existing legal nonconforming liquor store
and to construct new retail commercial buildings. The subject property is addressed as 861
East Main Street. This project is exempt from the California Environmental Quality Act
(CEQA).
APN:
General Plan:
Zoning:
Applicant:
Project Planner:
Email:
488-134-30
General Commercial (GC)
Haith Razuki /619.750.2024Noah Alvey / 619.441.1773
[email protected] and include "CUP 2169" in Subject Line.
**********
**********
**********
**********
RECOMMENDED ACTiON: Move to adopt the proposed Resolution No.1 0696 approving
Conditional Use Permit Application No. 2169, subject to conditions.
**********
**********
**********
**********
BACKGROUND
On August 24, 2008 the Planning Comrnission reviewed and approved Conditional Use
Permit (CUP) No. 2062. The request was substantially similar to the current request and
included the relocation of the legal nonconforming liquor store into a new building and the
construction of new retail commercial space at the site. The CUP approval expired on
August 4, 2010, because the applicant did not secure building permits and commence
construction at the site.
PROJECT DESCRIPTIO_~
Existing Conditions: The subject property is located on the southwest corner of South
Mollison Avenue and East Main Street. The property is currently developed with a 2,079square foot liquor store (Main Street Liquor), two small parking areas and the remainder of
the site is vacant. The property is almost completely flat with approximately 154 feet of
07-09-12
frontage on East Main Street and 227 feet of frontage on South Mollison Avenue, and a
total lot area of 35,029 sq. ft. (or 0.80 ac.). Currently, the liquor store is open daily from
8 a.m. to 12 a.m.
The uses in the area surrounding the subject property are mixed. North of the site, across
East Main Street, there is a furniture store that is located in the General Commercial (C-G)
zone. South of the site there is an unimproved alley and apartments located in the MultipleFamily (RM-1500) zone. East of the site, across South Mollison Avenue, there is an auto
parts store and a social club that are located in the General Commercial (C-G) zone. West
of the site there is a thrift store and detached residential units that are also located in the
General Commercial (C-G) zone.
Project Proposal: This applicant is proposing to demolish the existing 2,079 sq. ft. liquor
store and construct three new retail buildings (depicted as Buildings "A", "B" and "C") that
have a combined area of 10,770 sq. ft. Building "A" will be located on the corner of East
Main Street and South Mollison Avenue and Building "B" will be located to the south of
Building "A", adjacent to South Mollison Avenue. Building "C" will be approximately 6,700
sq. ft. and will be located along the westerly property line. Parking areas are located
between the buildings. There are a total of 44 proposed parking spaces.
Two driveways provide access to the parking areas on the subject site. The first driveway
is located on East Main Street between Buildings "A" and "C". The second driveway is
located to the south of Building "B" and provides access to S. Mollison Avenue. The
parking areas and driveways will be separated from the residentially zoned property to the
south by a six-foot-high masonry wall, with trim cap. The proposed site plan indicates
landscaping in the exterior setbacks and dispersed throughout the site.
The applicant is proposing to re-establish the existing liquor store within Building "C" in the
tenant space closest to East Main Street. The applicant is requesting to have the liquor
store be located within a larger store that will also sell produce, packaged food, and
convenience items. The proposed store will be approximately 4,308 sq. ft. The first floor
will include the liquor sales area, produce, packaged food, and convenience items and will
be 3,296 sq. ft. The area devoted to liquor sales will be approximately 1,318 sq. ft. or 40%
of the display area. While this is less than the size of the existing liquor store, the overall
retail space is larger and co-mingled with the liquor sales. Therefore, it is considered an
expansion of a legal nonconforming use. The applicant is also proposing to have a
mezzanine, which will be approximately 1,012 sq. ft. The mezzanine will include storage,
office and accounting space for the store. The applicant has proposed that the store be
open daily from 8 a.m. to 12 a.m., which are the same hours of operation as the existing
liquor store.
- 2-
07-09-12
The buildings at the site will be tied together in color, texture and detail. The body of the
buildings will be a light beige and will be accented by columns that will be a dark magenta
with a stone veneer base. The columns will support cantilevered metal canopies that will
provide shade during the day and will accommodate lighting during the night. The buildings
will be capped with dark brown stucco pop-out accents that will add a horizontal detail to
the building facades.
GENERAL PLAN/CODE COMPLIANCE
General Plan: The General Plan land use designation for the subject property is GC. This
designation is intended to provide for general shopping or service needs and for uses not
typically found in regional shopping centers. These commercial developments are often
along major streets and are sometimes called "strip commercial" areas.
The proposed site improvements comply with the following General Plan goals and policies
for commercial development:
1-1.1. Adequate landscaped off-street parking areas shall be provided for all commercial
areas and they shall be properly maintained.
1-1.2.
Numerous trees and ample landscaping shall be used around and within
commercial areas to break up the monotonous and barren look of parking areas.
The proposed project will provide additional landscaping along E. Main Street and S.
Mollison Avenue and throughout the parking area. The applicant will be required to submit
a landscaping and irrigation plan that has been prepared in accordance with the water
efficient landscape provisions contained in the Zoning Code.
8-10.1. The City shalf minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment. Where
feasible, the City will insure that new development or redevelopment slows runoff
and maximizes on-site infiltration of runoff.
The applicant's proposal includes an infiltration system that is adequately sized to handle
runoff at the site. The system will be integrated into the landscaping adjacent to building
areas at the site and will include a vegetated swale adjacent to Building "A".
9-4.3.
Commercial establishments shalf be carefully integrated with the surrounding area.
Conflicts with residential or other sensitive land uses should be minimized.
-3-
07-09-12
9-4.7.
Loading docks, trash collection areas, equipment storage including roof equipment
and other unsightly areas shall be concealed from sight.
9-4.9.
Commercial uses shall be buffered from surrounding streets and uses by means of
curbs, islands, landscaping, fencing and/or back-up development.
The proposed project will accommodate loading and trash collection in the southwesterly
corner of the site, which willlirnit visibility from the public right of way. Landscaping and a
six-foot-high masonry wall will separate the development from the apartments to the south.
Zoning: The proposed project is consistent with the C-G zoning regulations, which govern
development on the project site. The following table shows the applicable regulations and
policy guidelines used by staff in this review.
Minimum
Minimum
Minimum
Minimum
Minimum
Minimum
Lot Area
35,029 s . ft.
None
Lot Width
None
.
1_53 ft...:-.
Front Yard*
10ft.
1 ft.
Interior Side Yard
None
None
._-------j
Street Side
Yard*
10ft.
10 ft.
.-=..:.-=---'-''------+-------------j--------~
Rear Yard
None to commercial & 10ft.
10ft.
to
residential
._------+--------------+-35 ft.
Maximum Buildin
ht
29 ft.
1 :250 for first 10,000 sq. ft.,
Parking
Proposed buildings
1:300 for next 15,000 sq. ft.
(10,770 sq. ft.)
43 spaces required
44 spaces provided
Exceeds minimum
Minimum Site Landscaping Exterior yards & 10 sq. ft. per
l.-.-Lp_a_r_ki~~~~~____'___
°
-j
* Minimum front and street side yards must be landscaped for the full depth of the required yard. [EI Cajon
Municipal Code (ECMC) Section 17.195.100]
The applicant's proposed site plan does not allocate a sufficient number of parking spaces
to accommodate eating and drinking establishments on the subject site. Any potential
eating and drinking establishments would be limited to take-out only, unless future uses
and time of occupancy are restricted to make available the necessary parking for
restaurants.
Design Guidelines: The proposed buildings must be measured against the architectural
guidelines contained in Chapter 17. t 80 of the Zoning Code. The intent and purpose of the
-4-
07-09-12
guidelines is to improve the appearance of buildings in the community, using quality and
compatibility with surroundings as primary considerations.
Section 17.180.040 of the Zoning Code states that "visual interest should be provided by
means of variations in building details, form, materials, and color." The proposed building
elevations are comprised of vertical and horizontal elements that consist of a mixture of
exterior textures that include stucco, metal and stone veneer.
The proposed elevations also include conceptual sign locations, which have good
proportions and good relationships to one another and to building entrances. The draft
resolution requires the applicant to submit a master sign program for shopping center.
The cantilevered metal canopies that mark building entrance points will be equipped with
lighting. The building elevations also include lights that will illuminate the accent columns.
The proposed lights are directed down onto the private sidewalk so that they do not create
a nuisance on any other properties.
The conceptual landscaping plan includes a mixture of trees, shrubs and groundcover.
Proposed trees are located in the exterior setback and dispersed throughout the parking
area. The landscaping plan also accommodates a storm water infiltration area that does
not detract from the overall landscaping design.
Nonconforming Uses: A liquor store is permitted in the C~G zone, subject to the approval of
a conditional use permit. In order to establish a DJ?W off-sale alcohol establishment, it must
be located a minimum distance of 600 feet away from a residentially-zoned property.
Since the subject site is currently developed with a legal off-sale alcohol establishment that
does not have a valid CUP and because it is located within 600 ft. of a residentially zoned
property, it is considered a legal nonconforming use.
Zoning Code Section 17.120.050 states, "Nonconforming uses and nonconforming
structures occupied by nonconforming uses may be expanded on the same parcel, subject
to the approval of a conditional use permit by the planning commission. The planning
commission may grant the request, grant the request with modification, or deny the
request. The planning commission may require as a condition of approval that a specific
termination date be set for the use and/or structure being expanded."
Alcohol Sales: Chapter 17.210.080 of the Zoning Code includes special operating
conditions of approval for an alcohol sales establishment. These regulations apply to the
sales and display of airline- or "shot-" sized bottles of alcohol, as well as the use of video
games within the store. The draft resolution is written to incorporate these regulations.
-5-
07-09-12
In considering the approval of a conditional use permit for the expansion of the
nonconforming liquor store, the Planning Commission may consider the following:
A.
The amount of existing or proposed off-street parking facilities, and the distance of
such parking facilities from the proposed establishment;
B.
Hours of operation of the proposed establishment;
C.
The combination of uses proposed within the proposed establishment;
D.
The crime rate within the police district where the proposed establishment would be
located as compared to the crime rate citywide; provided that no permit is denied
solely upon the basis of such crime rate if it does not exceed specified averages set
forth by state law;
E.
The total area of all window signs (painted or electric) shall not exceed 33.3 percent
of the total window area of the establishment;
F.
Whether there is an over-concentration of such businesses within the census tract
in which the sale of alcoholic beverages is being proposed;
G.
Such other considerations as in the judgment of the planning commission are
necessary to assure compliance with the purpose and intent of this title.
The proposed redevelopment of the site complies with current parking standards. The
applicant is not proposing to alter the existing hours of operation for the liquor store and
staff has not received any recent complaints concerning the existing liquor store. The
combination of uses is not expected to create problems because the store expansion will
allow for the sale of produce, packaged food and convenience items. Staff solicited
comments from the Police Department regarding this request. The Police Department did
not express objections to the relocation of the existing liquor store, although the crime rate
within the district where the existing liquor store is located is higher than the crime rate for
the overall city. The business is located in a Census Tract that does not have an overconcentration of alcohol outlets. The existing store currently sells tobacco products and
has a valid Tobacco Retailers License.
Phasing: The applicant is requesting to phase construction activities. Phasing the
redevelopment of the site will allow the continuous operation of the liquor store during
construction. The applicant is proposing to construct Building "C", a portion of the parking
lot, and the trash enclosure in Phase 1. The applicant will then demolish the existing liquor
store and then construct Buildings "A" and "B" in Phase 2. The proposed resolution
-6-
07-09-12
recommends that the applicant enter into an agreement with the City to guarantee the
installation and completion of all private improvements contained in Phase 2. The
agreement must be in the form of a bond or trust agreement. In order to determine the
amount of the bond or trust agreement, the applicant must submit separate cost estimates
for private improvements being deferred to Phase 2. The separate cost estimates must
include the cost of demolishing the existing liquor store, the construction of Buildings "A"
and "B", parking lot improvements, and landscapinglirrigation.
Required Findings: In order for the Commission to approve the proposed project, the
Commission must be able to make the following findings:
A.
The proposed use is consistent with applicable goals, policies, and programs of the
general plan, and with any applicable specific plan;
B.
and development standards;
C.
planned land uses in the vicinity of the proposed use;
D.
dust, fumes, vibration, odors, and hazards or excessive concentrations oftraffic; and
E.
The proposed use is in the best interest of public convenience and necessity.
CEQA: The proposed project is exempt from environmental review in accordance with
Section 15332, Class 32 of CEQA Guidelines. Class 32 allowsinfill development projects
to be exempt provided that all of the following conditions are met:
A.
The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with the applicable zoning designation
and regulations.
B.
The proposed development occurs within city limits on a project site of no morethan
five acres substantially surrounded by urban uses.
C.
The project site has no value as habitat for endangered, rare or threatened species.
D.
Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
-7-
07-09-12
E.
The site can be adequately served by all required utilities and public services.
The proposed project meets all of the above criteria and can found categorically exempt
from CEQA Guidelines in accordance with Section 15332, Class 32. None of the
exceptions listed in Section 15300.2 of the CEQA Guidelines exist.
Noticing Requirements: Notice of this public hearing was mailed on June 28, 2012, to all
property owners within 300 feet of the project site, and to anyone who requested such
notice in writing, in compliance with Government Code Sections 65090,65091, and 65092,
as applicable. Additionally, as a public service, the notice was posted in the kiosk at City
Hall and on the city's website under "Public Hearings/Public Notices." The notice was also
mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas and
576 Garfield Avenue.
.
ANALYSIS
Staff believes the Commission can make all of the required findings to approve the
proposed project based on the following project analysis.
The proposed use and new retail commercial buildings are consistent with the applicable
goals, policies, and programs of the General Plan. The expanded liquor store is proposed
in Building "C", adjacent to East Main Street. The store location will implement General
Plan policies that seek to minimize conflicts with sensitive land uses by locating and
orienting the store away from nearby residential uses. The redevelopment of the site with
new retail commercial buildings will also implement several General Plan goals, policies
and objectives by installing new trees and landscaping; concealing trash and loading areas
to the maximum extent feasible; and by accommodating an infiltration system that is
adequately sized to handle runoff at the site.
The proposed site plan and building design are consistent with all applicable use and
development standards. The proposed site plan complies with minimum Zoning Code
development standards, but it does not allocate a sufficient number of parking spaces to
accommodate sit-down restaurants. Any eating and drinking establishments proposed at
the site will have to be take-out only, unless future uses and time of occupancy are
restricted to make available the necessary parking for restaurants. The proposed bUilding
elevations include conceptual sign locations, which have good proportions and good
relationships to one another and to building entrances. New signs will comply with the Sign
Code, if the applicant submits a master sign program that is in substantial compliance with
the conceptual sign locations. The cantilevered metal canopies that mark building entrance
points will be equipped with lighting. The building elevations also include lights that will
illuminate the accent columns. Tile proposed lights are directed down onto the private
-8-
07-09-12
sidewalk so that they do not create a nuisance on any other properties. The conceptual
landscaping plan for the site includes a mixture of trees, shrubs and groundcover.
Proposed trees are located in the exterior setback and dispersed throughout the parking
area. New landscaping at the site will comply with the Water Efficient Landscape Code, if
the applicant obtains approval of a landscape documentation package and installs all
landscaping elements in accordance with the approved plans. The proposed building
elevations are comprised of vertical and horizontal elements that consist of a mixture of
exterior textures that include stucco, metal and stone veneer. The building design complies
with the Zoning Code because the new structures use varied materials and textures that
will upgrade the appearance of the area and will be compatible with surrounding buildings.
relocation and expansion of the existing nonconforming liquor store, if the Planning
Commission approves a conditional use permit. The draft resolution incorporates limited
hours of operation that will promote compatibility of the store with surrounding properties
and uses. The proposed store expansion will provide additional space to display and sell
produce, packaged food, and convenience items. Section 17.120.050 of the Zoning Code
allows the Planning Commission to require that a specific termination date be set for the
nonconforming liquor store as a condition of approval for the expansion. Staff does not
find that circumstances exist to warrant a termination date for the liquor store, due to the
nature and extent of the expansion. Therefore, the standard termination provisions for
liquor stores contained in Zoning Code Section 17.210.050 have been included as
conditions of approval.
The proposed use and project design will not be detrimental to the public health, safety,
and general welfare, including but not limited to matters of noise, smoke, dust, fumes,
vibration, odors, and hazards or excessive concentrations of traffic. The proposed use
would include liquor sales and additional retail uses. Activities at the site will occur within
enclosed buildings and sufficient onsite parking will be provided. The operation of the
proposed commercial shopping center will not involve equipmentthat generates excessive
amounts of noise, smoke, dust, fumes, vibrations, odors or hazards that may negatively
impact the surrounding neighborhood. Noise from the liquor store and shopping center will
not exceed the performance standards contained in the Zoning Code. The redevelopment
of the site will be compatible with adjacent residentially developed properties because it
incorporates a masonry block wall, with trim cap, and landscaping as a buffer. The
applicant has submitted a Traffic Letter Report indicating that the proposed project will not
generate excessive concentrations of traffic.
proposal will remove an outdated building and parking areas that have become degraded
-9-
07-09-12
over the years. The proposed development, which is comprised of new buildings and new
infrastructure (landscaping, parking, lighting, etc.), will enhance the existing commercial
district. The expanded liquor store will create a convenient location for nearby residents to
obtain produce, packaged food, and convenience items.
The attached resolution incorporates changes recommended above by staff.
ATTACHMENTS:
1. Proposed Resolution No. 10696
EXHIBIT A - PC Res. 10696: Standard Conditions of Approval
EXHIBIT B - PC Res. 10696: Public Works Department comments dated 6-13-2012
EXHIBIT C - PC Res. 10696: Building comments dated 5-30-2012
EXHIBIT D - PC Res. 10696: Fire comments dated 5-30-2012
EXHIBIT E - PC Res. 10696: Helix Water District comments dated 6-4-2012
2.
3.
4.
5.
6.
7.
8.
9.
Application
Disclosure Statement
Project Narrative
Aerial Photograph
Public Hearing Notice
Reduced Site Plan
Reduced Building Elevations
Reduced Phasing Plans
10. Police Department comments dated 6-4-2012
11. Full-sized plans & Materials (Commissioner's Binders)
- 10-
cuP No. 2169
Attachment 1
Proposed Reso.No. 10696
PROPOSED PLANNING COMMISSION RESOLUTION NO.1 0696
A RESOLUTION APPROVING CONDITIONAL USEPERMIT NO. 2169 FOR
THE EXPANSION OF A LEGAL NONCONFORMING LIQUOR STORE AND
THE ADDITION OF NEW RETAIL COMMERCIAL BUILDINGS IN THE
GENERAL COMMERCIAL (C-G) ZONE, APN: 488-134-30, GENERAL PLAN
DESIGNATION: GENERAL COMMERCIAL.
hearing on July 9, 2012 to consider Conditional Use Permit No. 2169, as submitted by
Haith Razuki, requesting to expand a legal nonconforming liquor store and to construct new
retail commercial buildings in the General Commercial (C-G) zone, on property located on
the southwest corner of South Mollison Avenue and East Main Street and addressed as
861 East Main Street; and
WHEREAS, the following findings of fact have been made in regard to said
conditional use permit:
A.
The proposed use is categorically exempt from environmental review in accordance
with 15332, Class 32 (In-Fill Development Projects) of the CEQA Guidelines
because the project is consistent with the General Commercial (GC) General Plan
designation and all applicable General Plan policies as well as with the C-G zoning
designation and regulations; the proposed development occurs within City limits on
a project site of no more than five acres surrounded by urban uses; the project site
has no value as habitat for endangered, rare or threatened species; approval of the
project would not result in any significant effects relating to traffic, noise, air quality,
orwater quality; the site can be adequately served by all required utilities and public
services; and none of the exceptions listed in Section 15300.2 of the CEQA
Guidelines exist.
B.
The proposed use and new retail commercial buildings are consistent with the
applicable goals, policies, and programs of the General Plan. The expanded liquor
store is proposed in Building "C", adjacent to East Main Street. The store location
will implement General Plan policies that seek to minimize conflicts with sensitive
land uses by locating and orienting the store away from nearby residential uses.
The redevelopment of the site with new retail commercial buildings will also
implement several General Plan goals, policies and objectives by installing new
trees and landscaping; concealing trash and loading areas to the maximum extent
feasible; and by accommodating an infiltration system that is adequately sized to
handle runoff at the site.
c.
and development standards. The proposed site plan complies with minimum
Zoning Code development standards. New signs will comply with the Sign Code, if
the applicant submits a master sign program that is in substantial compliance with
the conceptual sign locations. New landscaping at the site will comply with the
Planning Commission Resolution No. 10696
Water Efficient Landscape Code, if the applicant obtains approval of a landscape
documentation package and installs all landscaping elements in accordance with
the approved plans. The proposed building elevations are comprised of vertical and
horizontal elements that consist of a mixture of exterior textures that include stucco,
metal and stone veneer. The building design complies with the Zoning Code
because the new structures use varied materials and textures that will upgrade the
appearance of the area and will be compatible with surrounding buildings.
D.
relocation and expansion of the existing nonconformi n9 liquor store, if the Planning
Commission approves a conditional use permit. The draft resolution incorporates
limited hours of operation that will promote compatibility of the liquor store with the
surrounding properties and uses. The proposed liquorstore expansion will provide
additional space that will be used to display and sell produce, packaged food, and
convenience items.
E.
dust, fumes, vibration, odors, and hazards or excessive concentrations of traffic.
The proposed use would include liquor sales and additional retail uses. Activities at
the site will occur within enclosed buildings and sufficient onsite parking will be
provided. The operation of the proposed commercial shopping center will not
involve equipment that generates excessive amounts of noise, smoke, dust, fumes,
vibrations, odors or hazards that may negatively impact the surrounding
neighborhood. Noise from the liquor store and shopping center will not exceed the
performance standards contained in the Zoning Code. The redevelopment of the
site will be compatible with adjacent residentially-developed properties because it
incorporates a masonry block wall, with trim cap, and landscaping as a buffer. A
Traffic Letter Report confirms that the proposed projectwill not generate excessive
concentrations of traffic.
F.
proposal will remove an outdated building and parking areas that have become
degraded over the years. The proposed development is comprised of new buildings
and new site improvements that will enhance the existing cornmercial district. The
expanded store will create a convenient location for nearby residents to obtain
produce, packaged food, and convenience items.
NOW THEREFORE, BE IT RESOLVED that based upon said findings of fact stated
above, the EI Cajon Planning Commission hereby APPROVES Conditional Use Permit No.
2169 for the expansion of a legal nonconforming liquor store and the addition of new retail
commercial buildings in the C-G zone, on the above described property, subject to the
following conditions:
I
Page 2 of 6
Planning Commission Resolution NO.1 0696
1.
Prior to the issuance of bUilding permits, the applicant shall submit a revised, onepage mylar site plan to the Planning Division that reflects the following specific
notes and changes:
a. Indicate that the wall on the southerly property line will be a masonry block wall
with a trim cap and that it will be a light sandstone stucco to match the primary
building color.
b. Add the corrections and comments listed in the Public Works Department
comments, Section C, dated 6-13-2012.
c. Add the on-going conditions of approval listed in condition no. 4 under the
heading, "Planning Notes."
d. Include a floor plan for the liquor store on the final site plan. The floor plan shall
reflect the following requirements:
i. The alcohol display area shall not exceed 40% of the retail display area.
ii. The entrance to the liquor store shall be located adjacent to East Main
Street.
iii. The window adjacent to East Main Street shall not be obscured by
merchandise or signage.
2.
In addition to complying with the notes and site configuration of the approved
CUP No. 2062 site plan, the following conditions shall be satisfied:
a.
The applicant shall comply with all the applicable conditions listed in the
"Standard Conditions of Approval" adopted by the Planning Commission in
Resolution NO.1 0649, and attached to this resolution as "Exhibit A."
b.
The applicant shall comply with the comments from the Public Works
Department as noted in the attached memo labeled "Exhibit B" and dated
6-13-2012.
The applicant shall comply with the building comments from the Building &
c.
Fire Safety Division as noted in the attached memo labeled "Exhibit C" and
dated 5-30-2012.
d.
The applicant shall comply with the fire comments of the Building & Fire
Safety Division as noted in the attached memo labeled "Exhibit D" and
dated 5-30-2012.
The applicant shall comply with the requirements of the Helix Water District
e.
as noted in the attached letter labeled "Exhibit E" and dated 6-4-2012.
3.
Prior to the issuance of building permits, the following conditions of approval shall
be satisified:
a.
The construction plans submitted to the Building and Fire Safety Division
shall reflect the approved materials, colors and site configuration approved
by the Planning Commission.
b.
A Landscape Documentation Package shall be prepared and submitted to
the Planning Division for review and approval. The approved landscaping
and irrigation plans shall be included the construction plans.
c.
The applicant shall enter into an agreement with the City to guarantee the
installation and completion of all private improvements contained in Phase 2.
Page 3 of 6
Planning Commission Resolution No. 10696
The agreement must be in the form of a bond or trust agreement that is
subject to review and approval by the City. In order to determine the amount
of the bond or trust agreement, the applicant must submit separate cost
estimates for the deferred private improvements. The cost estimates are
subject to review and approval by the City based on accepted industry
standard cost estimating practices and methods and must include the cost of
demolishing the existing liquor store, the construction of Buildings "A" and
"B", parking lot improvements, and landscaping/irrigation.
4.
The following are ongoing conditions of approval for the term of this conditional use
permit and shall be noted on the CUP site plan.
a.
No video or other electronic games shall be located in the liquor store.
b.
The liquor display area shall not exceed 40% of the retail display area, and
shall be limited to the area shown on the approved CUP site plan.
c.
Outdoor display of merchandise is prohibited.
d.
The window for the liquor store adjacent to East Main Street shall remain
open to view at all times. No signs or merchandise shall obscure the window
at any time.
e.
The store shall not display for sale, trade or exchange, any airline- or "shot-"
sized bottles of alcohol (50 milliliters or less) except in an area under the
control of the seller's employee(s). Three acceptable methods of displaying
such bottles shall be:
i.
In a completely enclosed cabinet or other storage device which shall
be permanently affixed to a building or building structure, and which
shall, at all times except during access by authorized representatives,
remain securely locked.
ii.
In an enclosed area behind a sales or service counter which the
public is not permitted to enter (within the area approved for liquor
sales on the final CUP site plan).
iii.
In an area under the direct visual supervision of employees at all
times during business hours (within the area approved for liquor sales
on the final CUP site plan).
f.
Any alteration to the approved configuration of the floor plan on the final CUP
site plan may require an amendment to the conditional use permit.
g.
This conditional use permit shall terminate and cease to apply to this
establishment if the liquor store:
i.
days, if there is thereafter filed any application or requested
transaction with the State of California, Department of Alcoholic
Beverage Control, Whereby the laws of the State of California require
notice thereof to be filed with the city, and allow the filing of a protest
thereon by the city (including person-to-person transfer of existing
licenses).
Page 4 of 6
Planning Commission Resolution No.1 0696
ii.
h.
i.
days, and where after such 90-cafendar-day period, the existing
license shall have ceased to apply to such establishment.
iii.
Where the existing license shall have been surrendered to the
Department of Alcoholic Beverage Control for a period exceeding 180
calendar days.
Landscaping shall be routinely maintained, weeded and trimmed in a neat
and orderly manner, watered and fertilized to achieve a healthy appearance;
kept free of dead and/or dying plant materials, replacing plant materials as
needed; and the irrigation system shall be properly maintained and operated
to provide appropriate watering, and to avoid inadequate and excessive
watering.
The approved hours of operation for the liquor store are 8 a.m. to 12 a.m.
5.
Prior to the installation of any signs, the applicant shall submit and obtain approval
of a comprehensive sign program. The sign program shall address individual
building facade mounted signs as well as the manner in which space is allocated to
tenants on any freestanding signs. The sign program shall reflect a complementary
and coordinated design for the shopping center.
6.
The Planning Commission may at any time during the life of this use permit, after
holding a properly noticed public hearing, at which time the applicant may appear
and object under applicable law to any potential revocation or modification of the
conditions of approval, and after considering testimony as to the operation of the
approved use, revoke the permit, or modify the permit with any additional conditions
as it deems necessary, to ensure that the approved use continues to be compatible
with surrounding properties and continues to be operated in a manner that is in the
best interest of public convenience and necessity and will not be contrary to the
public health, safety or welfare.
7.
The existence of this conditional use permit shall be recorded with the County
Recorder.
8.
The proposed use shall be developed and operated in substantial conformance as
presented in the Planning Commission staff report titled Conditional Use Permit No.
2169, dated July 9, 2012, except as modified by this resolution. Operation of the
use in violation of the conditions of approval is grounds for revocation.
9.
If this permit is not legally exercised within two years of project approval,
and a written request for an extension of time has not been received by the
Planning Secretary within the same time period, and subsequently approved, this
conditional use permit shall be considered null and void per EI Cajon Zoning Code
Section 17.35.010.
Page 5 of 6
Planning Commission Resolution NO.1 0696
PASSED AND ADOPTED by the EI Cajon Planning Commission at a regular
meeting held JUly 9,2012, by the following vote:
AYES:
NOES:
ABSENT:
Darrin J. MROZ, Chairman
ATTEST:
Page 6 of 6
cUP No. 2169
Exhibit A - PC Reso. 10696
Standard Conditions ofDevelopment
STANDARD CONDITIONS OF DEVELOPMENT
(Planning Commission Resolution No. 10649)
All projects approved by the Planning Commission shall comply with the following standard conditions,
unless specifically exempted by the Commission or Council.
A.
B.
GENERAL
1.
The applicant shall comply with the school impact fee requirements of the
Grossmont Union High School Districts, Cajon Valley, and La Mesa-Spring Valley School
Districts when applicable.
2.
For projects that require a grading permit and excavate more than three feet into native
soils, and prior to the issuance of a Building Permit, the applicant shall submit a letter
to the Director of Community Development agreeing to suspend construction in the
vicinity of a cultural resource encountered during development of the site, and leave
the resource in place until a qualified archaeologist can examine them and
determine appropriate mitigation measures. All fees and expenses for the retaining of a
qualified archaeologist shall be paid by the applicant and shall not be at City
expense. The applicant shall agree to comply with mitigation measures recommended
by the archaeologist and approved by the Director of Community Development.
PROJECT SITE
1.
The applicant shall comply with all regulations and code requirements of the Building
and Fire Safety Division, Public Works Department, the Police Department and any other
agencies requiring review of the project. If required, these agencies shall be supplied
copies of the final building and site plans.
2.
All landscape areas that adjoin parking spaces, driveways, vehicular circulation areas, or
the public right-of-way shall be protected from encroachment by vehicles in a manner
that also complies with state storm water regulations, which require storm water to be
discharged to landscaped areas in order to reduce or eliminate the discharge of
pollutants. The method of protection shall be determined by the Director of public
works or the director's designee. The approved method may include six-inch high curb
segments, wheel stops, decorative rock bands, or other methods determined to be
acceptable by the Director of public works.
3.
Environmental and engineering studies, as directed by the Director of Community
Development, must be complete and on file prior to commencement to plan checking.
Developer shall install off-street improvements determined necessary by the City
Engineer to provide safe traffic conditions.
4.
Developer shall underground existing and required on and off-site utilities as specified in
Chapter 15 of the Municipal Code, or as deemed necessary by the City Engineer.
C.
D.
5.
All development projects shall comply with Title 12 (Streets and Sidewalks), and Title 13
(Water, Sewers, Grading, Erosion and Stormwater) of the EI Cajon Municipal Code as
determined by the City Engineer.
6.
All retaining walls visible from publicright-of-ways shall include decorative elements,
subject to approval by the Planning Division.
7.
The design of any masonry soundwall shall be approved by the Planning Division. Such
walls shall match or be architecturally compatible with existing soundwalls of
neighboring projects along that street. All masonry walls shall have a trim cap.
ARCHITECTURE
1.
All exterior materials and colors used in this project shall be in conformance with the
materials and color samples approved as a part of this application.
2.
All mechanical, and/or roof mounted equipment shall be architecturally screened from
public view.
3.
All trash/recycling enclosures shall be constructed of masonry material with viewobscuring doors. The enclosure shall include materials and colors consistent with the
primary building and meet appropriate Stormwater Division requirements. Required
roofs shall match elements of the primary building and shall include a fascia trim.
4.
All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted or
finished to match the color of the adjacent surface, unless otherwise directed by the
Planning Commission.
5.
Soffits and other architectural elements visible from view but not detailed on the plans
shall be finished in a manner that is architecturally compatible with the exterior of the
building.
6.
Finish quality of approved exterior design elements shall be subject to approval of the
Planning Division prior to issuance of Certificate of Occupancy.
7.
Any decorative elements around the base of a building (stone veneer or tile, etc.) shall
be finished with a decorative cap or trim piece.
LANDSCAPING
1.
2.
Specific landscaping for screening shall have an appearance of mature growth subject to
a field check and approval by the Planning Division prior to the issuance of a Certificate
of Occupancy.
All existing trees to remain shall be shown on the grading plan.
E.
3.
The area under the drip line of all existing trees that are to remain shall be protected
during construction by a fence or other acceptable means. Grading shall be restricted
under the trees to prevent soil compaction and to prevent root damage.
4.
All sloped banks greater than three (3) feet in vertical height and 2:101' greater slope
shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: deep-rooting grasses, ground cover and shrubs. Shrubbery shall be a minimum
one-gallon size and shall have a minimum separation of one (i) times the mature width
and on slopes of 10 feet or more in vertical height shall include, a minimum of one (1)
tree for every 600 square feet of the total slope area. Trees shall be a minimum fivegallon size and shall be spaced a minimum of 30 feet apart. Trees and shrubs shall be
planted in staggered clusters to soften and vary the slope plane. Slope planting required
by this condition shall include a permanent irrigation system to be installed by the
developer prior to occupancy.
5.
All landscaping shall be maintained in good growing condition. Such maintenance shall
include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
fertilizing and regular watering. Whenever necessary, dead or dying plants shall be
replaced with other plant materials to ensure continued compliance with applicable
landscaping requirements. Required irrigation systems shall be fully maintained in
. sound operating condition with heads periodically cleaned and replaced when missing
to ensure continued regular watering of landscape areas, and health and vitality of
landscape materials.
MISCElLANEOUS
1.
Final occupancy shall not be granted until all construction and landscaping is complete
in accordance with all approved plans. Under certain circumstances, a temporary
occupancy may be granted prior to final inspection.
2.
It is the responsibility of the applicant or developer to check with each agency for
requirements that may pertain to their project.
3.
All signs shall be submitted to the Planning Division for review and approval per Section
17.190.060 of the EI Cajon Municipal Code.
4.
The site shall be maintained in a neat and clean manner free of trash and debris.
5.
Certain outdoor equipment, such as satellite dishes and back-flow prevention devices
shall be visually screened or painted to match surroundings upon installation subject to
the approval of the Planning Division. Screening devices shall be shown on construction
and/or landscape plans.
6.
All exterior light fixtures shall be shown on a lighting plan and made part of construction
drawings subject to staff review and approval. All lights attached to buildings shall
provide a soft "wash" of light against the wall. All building, parking, and yard lights shall
conform to the City General Development Standards 17.130.150 and Performance
Standards 17.115.130 (G) and shall complement the site and building architecture.
7.
The removal of trees shall not take place during the bird-nesting (breeding) season
(February 1 through August 15), unless written authorization from a qualified biologist
to proceed with tree removal is submitted to the Planning Division. If clearing is
proposed to take place during the breeding season, a survey shall be conducted by the
qualified biologist to determine if nests are present, or nest building or other
breeding/nesting behavior is occurring. If nesting is not occurring (which includes nest
building or other breeding/nesting behavior) within this area, clearing shall be allowed
to proceed. If nesting is occurring (or breeding/nesting behavior is occurring), tree
removal shall be postponed until a qualified biologist determines that all nesting (or
breeding/nesting behavior) has ceased or until after August 15.
8.
The placement of bollards within parking areas and driveways shall only be permitted
when no other alternative design (curbs or landscaping) is feasible and accepted by the
Building Official.
cUP No. 2169
Exhibit B _PCReso. 10696
PublicWorKs comments
APN: 488-134-30
!
Street Name
Rjoht-of-Wav
I:>
"
I
Street Class
Curb
General Plan Class
!
Exist
Prop
Exist
Prop
EAST MAIN STREET
100'
100'
76'
76'
PRIMARY
GENERAL
COMMERCIAL
SOUTH
MOLLISON AVENUE
84'
84'
64'
64'
SECONDARY
GENERAL
COMMERCIAL
TO:
PLANNING DIVISION
FROM:
DEPARTMENT OF PUBLIC WORKS
RE:
CUP 2169
LOCATION:
861 EAST MAIN STREET
PUBLIC WORKS REQUIREMENTS AND COMMENTS WITH THIS ACTION
A.
STORM WATER REQUIREMENTS AND COMMENTS WITH THIS ACTION
A-I.
Add the following notes to the Conditional Use Permit (CUP) Site Plan and implement the Best
Management Practices as a condition of the CUP:
All operations shall comply with the City's Jurisdictional Urban Runoff Management Program
(JURMP) and the City's Storm Water Ordinance (Municipal Code 13.10 and 16.60) to minimize
or eliminate discharges of pollutants to the storm drain system. Operations shall include
implementation ofBest Management Practices (BMPs) asfollows:
a.
Only rain is permitted to enter the storm drain system. .Discharges (direct or by
conveyance) oftrash, debris, vehicle fluids, or wastewater (including washing fluids) to the
storm drain system are strictly prohibited.
b.
No new food grinders (disposals) shall be installed in compliance with Municipal Code
13.38.040.
c.
Sweep or vacuum to clean outdoor areas (trash enclosures, sidewalks and parking lots).
Power washing and the washing offloor mats in outdoor areas is strictly prohibited.
d.
Maintain parking area to befree from trash and petroleum leaks.
e.
Provide sufficient trash receptacles.
f
Dispose ojwastes properly.
I-l:\PR1VATE DEV\PLANNING ACT10NS\CUP 2169_861 E. Main St.docx
Page I of 4
a
All dumpsters used by this project shall have lockable lids. All lids on all dumpsters shall
remain closed while dumpster is not directly in use and locked after business hours. All
dumpsters shall be properly stored inside ofa building or in a covered trash enclosure.
h.
All trash enclosures must be secured, covered with an impervious roof and constructed
with a berm or grade-break across the entire entrance in accordance with the
requirements of Public Works Storm Water Attachment No. 2 (available to the public
through Public Works on the 4th floor of City Hall).
i.
Any food service establishment shall provide any necessary spill response kits for grease
spills. The spill response kits must be available and quickly accessible to employees.
Signage must be posted to clearly denote the locations ofthe kits.
j.
All materials must be stored in a properly covered and contained area that will not be
exposed to rainwater, either directly or indirectly.
k.
All storm water runofftreatment control mechanisms (Low Impact Development (LID) and
other treatment control BA1Ps) employed on the property shall be maintained to be in good
working order and replaced as necessary.
I.
All "No Dumping" signage shall be maintained to be legible and replaced as necessary. A
template for painting the concrete or asphalt around inlets and catch basins can be
provided by the City upon request.
0'
For Public Works requirements on this Planning Action please refer to the Conditions of
Approval. This Site Plan may not clearly show existing or proposed improvements in the public
right-of-way and should not be used for public improvement construction purposes. "
B.
STORM 'VATER REQUIREMENTS AND COMMENTS (PRIOR TO THE ISSUANCE
OF ANY BUILDING PERMIT):
B-1.
All building permit plans and landscaping plans shall comply with all phases of the approved
Stann Water Mitigation Plan (SWMitP) and the approved Grading and Drainage Plans,
a. The landscaping plans shall include a detailed cross-section for required amended loamy sand
soils in the engineered treatment swale. The engineered soil section must be at least 18" in
depth and span the width of the swale. Planting in this soil is allowed and encouraged, but no
mulch is allowed in flow lines and a note must be included to this effect.
b. Details and notes must be included to show that all final grades in all landscaped areas must be
at least 2" below tributary hardscape. Final landscape grades must be 4" below all tributary
drainage structures and include proper permanent erosion control devices (i.e. riprap).
B-2.
In accordance with the City's lot grading ordinance, no grading or soil disturbance, including
clearing of vegetative matter and demolition activities, shall be done until all necessary
environmental clearances are secured and an Erosion Control Plan (ECP) has been reviewed and
approved by Public Works.
H:\PRIV ATE DEV\PLANNING ACTIONS\CUP 2169_86\ E. Main St.docx
Page 2 of 4
a.
The approved ECP shall be included with all final building permit plan sets. The ECP
shall control sediment and pollution and be in compliance with the City's 2008
Jurisdictional Urban Runoff Management Plan (JURVIP). The plan should show measures
to ensure that pollutants and runoff from the development are reduced to the maximum
extent practicable.
NOTE:
FAILURE TO COMPLY \VITH OR IMPLEMENT CUP CONDITIONS IS
CONSIDERED A VIOLATION OF THE CITY'S JURlVlP AND MAY RESULT IN A CITATION
WITH MONETARY FINES, CRIMINAL CHARGES, AND/OR REVOCATION OF PERl'VIIT.
C.
PRIV ATE DEVELOPMENT REQUIRlvlENTS AND COMMENTS REQUIRED WITH
THIS ACTION:
C-l.
Include the following on the CUP Site Plan:
a.
Show the existing public utilities (fire hydrant, street light, power pole, telephone box, traffic
signal equipment, sewer manholes) that abut subject property along East Main Street and
South Mollison Avenue on the CUP Site Plan.
b.
Show the new full-width sidewalks on both East Main Street and South Mollison Avenue.
Also show the new curb ramp, curb return radius and modified traffic signal equipment at
the southwest comer of East Main Street and South Mollison Avenue.
D.
PUBLIC WORKS COMMENTS AND REQUIREMENTS WITH TIUS ACTION AND
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT:
D-l.
Reconstruct the existing curb return at the southwest comer of East Main Street and South
Mollison Avenue to a 35-foot curb radius. Relocate the existing traffic signal equipment
including, but not limited to a new traffic signal pole and equipment, the relocation of the traffic
signal controller, rewire of a portion of the signal service cabinet and any related work to
accommodate the new curb radius. Provide a new curb ramp on the southwest corner of East
Main Street and SouthMollison Avenue per San Diego Area Regional Standard Drawings
(SDRSD) G-27 and with a 4' x 3' truncated dome for ADA compliance.
D-2.
Close the existing driveways on East Main Street and South Mollison Avenue and replace with
full height curb and gutter and sidewalk per SDRSD G-2, G-7, G-9, G-IO and G-l1.
D-3.
Reconstruct the proposed driveways on South Mollison Avenue and East Main Street per SDRSD
G-26 for ADA compliance. Include 2-foot transitions on both sides of the driveways for 8" to 6"
curb transitions. Edge of driveways shall be a minimum of 3-feet from the property line and all
obstructions. The driveways shall be a minimum 24'/36' curb cut. Repair all damaged concrete
curb and gutter and sidewalk. Relocate any existing facilities (such as utility pole and support
cables) away from the transition areas as needed.
H:\PRIVATE DEV\PLANNfNG ACTIONS\CUP 2169_861 E. Maio St.docx
Page 3 of 4
The driveway on East Main Street shall be signed 'Right tum only'. Also, the existing sewer
manhole located in the sidewalk on East Main Street may need to be relocated to accommodate the
proposed driveway.
Remove the existing utility pole to the north of the proposed driveway on South Mollison Avenue.
D-4.
Remove the existing sidewalk on South Mollison Avenue and replace as full width 10' sidewalk
per SDRSD G-7, G-9, G-lO and G-11.
D-5.
Remove and replace the sidewalk, curb and gutter on East Main Street per SDRSD G-2, G-7, G-9,
G-10 and G-11.
E.
GENERAL
E-1.
An Encroachment Permit is required for any construction work within the public right-of-way.
E-2.
Repair all damaged curb and gutter, sidewalk and driveway.
~,. (2~
DENNIS C. DAVIES
bll3/1'l..
DATE
Deputy Director of Public Works
H:\PRIVATE DEV\PLANNING ACTIONS\CUP 2169_86\ E. Main St.docx
Page4 of 4
cUP No. 2169
Exhibit C • PC Reso. 10696
Building comments
CITY OF EI CAJON
--REceivED
MAY 3G201l
Pl.ANNING DIVISION
MEMORANDUM
Wednesday, May 30, 2012
To:
Planning Division
From:
Subject:
Building Comments for CUP 2169
861 E. Main St.
Building Comments for this planning application are as follows:
1.
Comply with Currently adopted edition of the CSC, CMC, GPG, and GEC.
2.
A Building permit is required for this project.
3.
Project must comply with Title 24 disabled access regulations.
4.
Title 24 energy efficiency compliance and documentation is required.
5.
Soils report will be required for this project.
6.
Alicensed design professional is required for this project.
7.
An automatic sprinkler system is required by CSC or local ordinance.
8.
A demolition permit and bond are required for structures being removed.
9.
Undergrounding of all on-site utilities is required.
10. Address will be assigned at plan check.
cuP No. 2169
Exhibit 0 ~ PC Reso. 10696
Fire comments
CITY OF EI CAJON
II
---RECEivEr>
I
2.0H~
----. D1V1SI0~
.....---
MAY 3 ij
l_
PLANNING
........ ...,.,.. ....
MEMORANDUM
Wednesday, May 30, 2012
To:
Planning Division
From:
Subject:
Fire Comments for CUP 2169
861 E. Main St.
Fire Comments for this planning application are as follows:
1.
This project must comply with currently adopted edition of the CFC.
2.
All weather fire access road shall be available on the job site before start
of canst.
3.
An approved automatic fire sprinkler system is required for this project.
4.
Commercial address numbers shall be visible from the street,
contrasting in color from wall surface, and minimum 8 inches in size
(individual suite numbers may be 3").
5.
Fire extinguisher is required. One for every 3000 s.f with max. 75 ft.
travel distance. Minimum size 2A 1aBC with signage.
6.
Install fire hydrants per Fire Department requirements.
7.
Knox Box required. Contact Fire Department for application.
Dan Pavao
...--
••_
.
Helix Water District
CUP No. 2169
Exhibit E - PC Reso. 10696
Helix Water Districtcomments
(619) 466-0585
FAX (619) 466-1823
www.hwd.com
Setting standards of excellence in public service
RECEiveD
June 4,2012
Noah Alvey
Associate Planner
City of EI Cajon
EI Cajon, CA 92020
JUN 0' 5 2.01l
PLANNING DIVISION
-------
APN: 488-134-30-00
861 E. Main St.
Subject:
Dear Mr. Alvey;
Thank you for the opportunity to comment on the subject project. Helix Water District serves the subject property
with 2 - 1 inch water services. The nearest fire protection is provided by a fire hydrant near the SE corner of the
property with 1-4, 2-2.5 inch outlets. Water pressure in the area is approximately 8 psi.
We have reviewed and signed plans for this property in the past but construction was halted. We will require new
plan submittals to review and signatures of the plans by all interested parties prior to construction beginning again.
Onsite fire services and fire hydrants have been required by the fire department and are shown on the expired
plans Helix signed.
Backflow devices will be required for any existing water services that will be providing water to the property and
shall be installed per current Water Agencies' Standards, The new backflow devices shall be tested by a certified
backflow tester with a copy of the passing test results forwarded to Helix Water District attention Darrin Teisher.
The owner's shall submit to us the proposed make and model of backflow device they intend to use for approval
prior to the purchase or installation. They also should check with the City of EI Cajon regarding permits for the
installation,
If you have any questions, please call me at (6'19) 667-6277.
Sincerely,
~~ ItAf~r'OD
U--
Chris Magi~ -Senior Engineering Technician
c:
Ross, Anub, Perdomo - Helix Water District
GIS Plat
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CUP 2169, APN 488-134-30-00
861 E. MAIN ST.
RFC12-017, WO 2150
Haith Razuki
..._ - _ . _ - - - - - - - - ~ -
Scale: 1":1 O()'
Printed: 6/4/2012
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cUP No. 2169
Attachment 2
Application
Planning Division
City of EI Cajon
DISCRETIONARY PERMIT APPLICATION
Type of Discretionary Permit(s} Requested
DAZP
Specific Plan
o
[2JcuP
DlLA
DTSM
DTPM
DpUD
DZR
DPRD
DVAR
o Other:
Applicant Information (the individual or entity proposing to carry out the project; not for consultants}
Company Name:
Contact Name:
HQu 'j''J,..
Address:
fl~1
Phone:
6/0/- 2S0 ~ 21)2 '-I
Interest in Property:
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Project Representative Information (if different than applicant; consultant information here)
Company Name:
Contact Name:
~ etle-._4Pf>IJ.(()tl£.~
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Address:
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Phone:
License:
Email:
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Property Owner Information (if different than applicant)
Company Name:
Contact Name:
Address:
Phone:
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te (f\,~J<. ,_.
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-fl-b I r; f'1 {fl_LLL51- .£/ C~t/\ los"} C A 92" Z 0
6/ q- 721> ~ Dz'Q_1_ Email: JLJio/fh(3)HoTMq..(ICOI.11
200 Civic Center Way \ EI Cajon
I California
192020 1619-441-1742 Main 1619-441-1743 Fax
Project Location
Parcel Number (APN):
Address:
Nearest Intersection:
4 88~ I; f.,J - s" . .
ttl IE Mq..(ri 51: l EI C~j>'" CA
J, mb~{;f£tJN frVE' MVtJ f, (hAJj{ ,STf:.Eft
Project Description (or attach separate narrative)
See
Hazardous Waste and Substances Statement
Section 65962,S(f) of the State of California Government Code requires that before the City of EI Cajon
accepts as complete an application for any discretionary project, the applicant submit a signed
statement indicating whether or not the project site is identified on the State of California Hazardous
Waste and Substances Sites List. This list identifies known sites that have been subject to releases of
hazardous chemicals, and is available at http://ww~.calepa.ca.govLsitecleanup/corteselistLCheck the
appropriate box and if applicable, provide the necessary information:
The development project and any alternatives proposed in this application:
'l:Q..is/are NOT contained on the lists compiled pursuant to Government Code Section 65962.5.
o is/are contained on the lists compiled pursuant to Government Code Section 65962.5.
Date of List:
If yes, provide Regulatory Identification Number:
Authorization
Applicant Signature.':
=-=-~-~
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Property Owner Sign ur e ; /
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2.
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Date:
Date:
5'-- /7-/2.-
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Applicant's Signature: I certify that I have read this application and state that the above informationis correct, and that I am the property
owner, authorized agent of the property owner, or other person having a legal right, Interest, or entitlement to the use of the property
that is the subject of this application. I understand that the applicant is responsible for knowing and complying with the governing
policies and regulations applicable to the proposed development or permit. The City is not liable for any damages or loss resulting from
the actual or alleged failure to inform the applicant of any applicable laws or regulations, including before or during final Inspections. City
approval of a permit application, including all related plans arid documents, is not a grant of approval to violate any applicable policy or
regulation, nor does it constitute a waiver by the City to pursue any remedy, which may be available to enforce and correct violations of
the applicable policies and regulations. I authorize representatives of the Cityto enterthe subject property for inspection purposes.
Property Owner's Signature: If not the same as the applicant, property owner must also sign. A signed, expressed letter of consent to
this application may be provided separately instead of signing this application form. By signing, property owner acknowledges and
consents to all authorizations, requirements, conditions and notices described in this application. Notice of Restriction: property owner
further acknowledges and consents to a Notice of Restriction being recorded on the title to their property related to approval of the
requested permit. A Notice of Restriction runs with the land and binds any successorsin interest.
CUP No. 2169
Attachment 3
Disclosure statement
~
Planning Division
..• -.,.,--.-...,;... -
City of EI Cajon
DISCLOSURE STATEMENi
--------..........._------------_.....-...-Disclosu re Statement
This statement is intended to identify and avoid potential conflicts of interest that may
exist between the project proponents and the decision makers; including City staH,
Planning Commissioners, and City Council members.
The following information must be disclosed:
1.
List the names and addresses of all persons having a financial interest in the
application.
List the names and address of all persons having any ownership interest in the
property involved.
2.
If any person identified pursuant to (1) above is a corporation or partnership, listthe
names and addresses of all individuals owning more than 10% of the shares in the
corporation or owning any partnership interest in the partnership.
3.
If any person identified pursuant to (1) above is a trust, list the name and address of
any person serving as trustee or beneficiary or trustor of the trust.
------~--
--------
I EI Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax
4.
Have you or your agents transacted more than $500.00 worth of business with al1Y
member of City staff, Boards, Commissions} Committees and Council within the past
12 months or $1,000.00 with the spouse of any such person? Yes
No
vl'
If yes, please indicate personts), dates, and amounts of such transactions or gifts.
"Person" is defined as "Any individual, proprietorship, firm, partnership, joint venture,
syndicate} business trust} company, corporation, association, committee} and any other
c.m~;L.:. ion or_.gr::_~ers~.
5 actingin concert"~~OV'tCOde §82047.
rrt'Aft4 rR.. a. z u
NOTE: Attach appropriate names on additional pages as necessary.
.
,
f:.. {
CUP No. 2169
Attachment 4
Project Narrative
Razuki Mall
Project Desciption
Razuki Mall with be a special shopping center that will revitalize the corner of East
Main and Mollison in the city of El Cajon. It will create a wonderfull shopping
experience in a setting of three unique buildings. The center is designed to provide
frontage on both streets that hides the ocean of asphalt typical in these smaller
centers. Each building will provide a separate visual experience for those who pass
this intersection. We have a building that fronts on the cornter and its exterior wall
is sympathic to the new curve at the intersection. This wall will have a display
window to provide a sense of transparency as well as inquistiviness to whomever
looks into it to gauge the products available when either walking or driving by the
corner. Another building will front onto Mollison with display windows and will
provide direct accesss from the sidewalk like building use to do. The area along the
streets will be lined with thick landscaping allowing the Center to be framed as
friendly and invitiing to those on foot or in a vehicle. Our anchor building is taller
to house a storage floor, but will contain the relocated market/liquor store into a
nicer and better enviorment: The building height will draw attention to the corner
Center from a distance.
All buildings in the Center will be tied together in color, texture and detail. The
body of the buildings will be a light plaster to allow for colorful signage over the
tenant spaces. That plaster will be broken into various rectangular forms with metal
screeds that will provide intimate detail to those walking or driving through the
Center. The buidling will be capped with a simple rectangular foam cantilevered
element which will also be reused to cap other forms on the exterior walls. The
forms, 'columns' are three dimensional with a dark plaster finish that are founded
on a stack stone base. The 'columns' support the cantilevered metal canopies that
hover over the sidewalk providing shade during the day and light after darkness
falls. This concept repeats itself on all three buildings taking into account each
buidlings shape; access and image. The idea is provide a variety of color in the
plaster, texture in the stone and detail with the screed and windows to appeal to
those walking within the Center creating a welcoming experience. The windows
will be tinted to allow viewing in from outside as well as energy efficient as
required by State Codes ..
The landscaping located throughout will provide seasonal color as well as being a
low maintenance and water dependant environment.
.
A unique shopping center who provides three distinctive opportunities for retailers
and their customers is a special place to shop: Razuki Mall.
Gene Cip;',l\\)Ih'
1()52S Vi,\a Sorrcmo
!\rchikct, lnc.
l\lIb\~{y
Suit<.:: \20
Sail Dic:go C\ <")'.:121
Voice: X5?;.5X7()\(J{)
Fa'.: :,)5,';.587. \95,1
Email: btne({(cippal'('l1c.(Oj])
cUP No. 2169
Attachment 5
AerialPhotograph
CUPNo. 2169
Attachment 6
I••
••
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All property owners within this line
shall receive notification
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i NOTICE IS HEREBY GIVEN that the EI Cajon Planning Commission will hold a public hearing at
LQQJUIh-.-Msmga'
. ~_20.1~, in the City Council Chambers, 200 Civic Center Way, EI Cajon, CA, to consider: £.Q!1RJ1lQbt~!:Jl§~
NO. 216j!, as submitted by Haith Razuki, requesting an expansion of an existing legal nonconformlnq liquor store and it
construction of additional retail commercial space. The subject property is addressed as 861 East Main Streel. This project
exempt from the California Environmental Quality Act (CEOA).
The public is invited to attend and participate in this public hearing. If you challenge the matter in court, you may be limited
,raising only those issues you or someone else raised at the public hearing described in this notice or in written corresponden
delivered to the Commission at, or prior to, the public hearing. The City of EI Cajon encourages the participation of disabl
individuals in the services, activities, and programs provided by the City. Individuals with disabilities who require reasonal
accommodation in order to participate in the public hearing should contact the Planning Division at 619.441.1742. More informati
about planning and zoning in EI Cajon is available at www.ci.el-cajon.ca.us/depVcomm/planning.html.
If you have any questions, or wish any additional information, please contact NOAH ALVEY at 619.441.1773 or via email
[email protected] and reference "CUP 2169" in the subject line.
.
~''''''',·
PROJECT
IN FORMATION
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SAtAM 1~l\ll},,1 &. 111\1111 HALUKI
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CUP20E2
CUPNo. 2169
Attachment 10
Police Department comments
CITY OF EL CAJO.N
f
RECElVEDl
j
JUN 01 201J2
IL
_
PLANNING DIVISION
POLICE DEPARTMENT
MEMORANDUM
DATE:
June 4,2012
TO:
Chief of Police
FROM:
Lt. J. D. Arvan
SUBJECT:
Conditional Use Permit #2169
I am in receipt of a Request for Comments from the planning division regarding Razuki
Mall, located at 861 E. Main. There are no specific crime prevention recommendations
for this business, and the police department should not oppose this CUP.
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Patrol Division
Committed to a Safe & Secure Community through Service, Mutual Cooperation and Respect
STAFF REPORT
JUNE 24, 2013 - 7:00 P.M.
COUNCIL CHAMBERS
EL CAJON, CA 92020
AGENDA ITEM NO. 3
SUBJECT:
OFF-SITE EXCESS INVENTORY STORAGE LOTS FOR CAR DEALERSAMENDMENT TO EL CAJON MUNICIPAL CODE TITLE 17 (ZONING)
This is a public hearing on an amendment to the Zoning Code to allow for temporary offsite storage of excess new and used automobile sales inventory, subject to conditions.
Location:
Citywide
Applicant:
City of EI Cajon
Project Planner: Manjeet Ranu /619.441.1771
Email:
[email protected]
(This project is tentatively scheduled for the City Council meeting on August 27, 2013 at
7:00 p.m.)
**********
**********
**********
**********
RECOMMENDED ACTIONS:
1. Open the public hearing and receive testimony;
2. Close the public hearing; and
3. MOVE to ADOPT RESOLUTION NO.1 0727 recommending City Council approval of an
amendment to the Zoning Code pertaining to temporary off-site storage of excess
automobile sales inventory.
**********
**********
**********
**********
BACKGROUND
Automobile dealerships in the City that do business in both new and used vehicles
occasionally need additional storage space for excess vehicle inventory. The Zoning Code
only allows for temporary off-site storage of excess inventory for new vehicles. However,
used car sales are an integral part of dealerships that also sell new vehicles. To
accommodate periodic demand and increased sales of both used and new vehicles, the
Zoning Code needs to be amended to allow used vehicles to also be stored off-site on a
temporary basis. Therefore, the City Council initiated this potential amendment on April 9,
2013.
Temporary off-site storage of automobile inventory
April 9, 2013 Agenda
PROPOSED ZONING CODE AMENDMENT
EI Cajon Municipal Code (ECMC) Subsection 17.75.020 F allows "Vehicle storage lot for
short-term storage (i.e., no more than two (2) years) of excess inventory of new
automobiles, when dealership is operated within city limits" under a Temporary Use Permit,
which is generally issued administratively. This provision is only available to automobile
dealers that sell new cars, since it only allows for off-site storage of new cars.
ECMC Subsection 17.190.140 B.3 accommodates additional advertising signage for
businesses in certain zoning districts on sites of at least two acres in size that have half of
the merchandise outdoors. This allowance in the Zoning Code is primarily intended to
accommodate new automobile dealers. All 11 of the automobile dealerships that sell new
passenger cars do business from sites that are at least two acres in size.
Additionally, there are available vacant sites throughout the City's commercial corridors,
some of which were once used for vehicle sales, which can be used for the temporary
storage of excess vehicle inventory. This puts an otherwise vacant site into beneficial
economic use and encourages proper maintenance of the property.
The proposed Zoning Code Amendment would allow automobile dealers operating from
sites at least two acres in size to store both new and used sales inventory off-site, subject
to a Temporary Use Permit. It would be allowed in all commercial and industrial zoning
districts, except Neighborhood Commercial (C-N). It would also allow for the imposition of
appropriate conditions, such as stormwater, minimal site planning improvements, lighting
and security systems. Parking lot surfaces may be either paved or an improved, unpaved
surface.
FINDINGS
The Planning Commission may recommend and the City Council may adopt any
amendment to the Zoning Code, provided that it first makes findings, pursuant to EI Cajon
Municipal Code Section 17.20.050. Staff's determination is that the Commission can make
the findings, as described below.
A.
The proposed zoning amendment, including any changes proposed in the various
land uses to be authorized, is compatible with the objectives, policies, general land
uses, and programs specified in the general plan.
The proposed amendments to the Zoning Code are consistent with the General
Plan, including Policy 10-1.1, which directs that the City "periodically revise its
regulatory codes, ordinances and policies so that they may reflect current, upgraded
-2-
standards of development and performance." Fundamentally, that is the purpose of
this amendment.
B.
The proposed zoning amendment is consistent with any applicable specific plan
governing development of the subject property.
This amendment does not change the standards in the City's specific plans.
C.
It is in the public necessity and convenience and/or general welfare that the zoning
regulations governing the property be changed.
The amendment promotes economic development by accommodating the needs of
the City's vital automobile sales industry.
D.
When a reduction in residential density is proposed, the following additional finding
shall be made: The remaining sites identified in the housing element are adequate
to accommodate the city's share of the regional housing need pursuant to California
Government Code Sections 65584, and 65863.
This amendment does not affect existing regulations affecting housing density.
DISCUSSION & RECOMMENDATION
Providing reasonable flexibility in the Zoning Code to accommodate the periodic changes
in the vehicle inventory of the City's automobile dealers is a simple method of supporting
dealers that sell both used and new cars. A fiscally-significant amount of the revenue that
funds City services for its residents comes from the sale of new vehicles. Staff
recommends this Zoning Code amendment to promote economic development.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This project is exempt pursuant to CEQA Guidelines Subsection 15061(b)(3), the "General
Rule," which states that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. The intensity of allowable development is not increased
and there are no potentially significant environmental effects as temporary storage facilities
will occur on existing developed and underdeveloped sites.
-3-
PUBLIC NOTICE
Notice of this public hearing was published in the East County Gazette on June 13, 2013,
and was mailed to anyone who requested such notice in writing, in compliance with
Government Code Sections 65090, 65091, and 65092, as applicable. Additionally, as a
public service, the notice was posted in the kiosk at City Hall and on the City's website
under "Public Hearings/Public Notices."
ATTACHMENTS
1.
2.
3.
4.
Excerpt City Council minutes, April 9, 2013
City Council April 9, 2013 agenda report
-4-
AMZC NO. 424
Attachment 1
Proposed Reso. No. 10727
PROPOSED PLANNING COMMISSION RESOLUTION NO. 10727
A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF
AMENDMENT TO EL CAJON MUNICIPAL CODE TITLE 17 (ZONING)
AMENDING REGULATIONS PERTAINING TO THE TEMPORARY OFF-SITE
STORAGE OF EXCESS AUTOMOBILE SALES INVENTORY;
ZONING CODE AMENDMENT NO. 424
WHEREAS, on April 9, 2013, the City Council adopted Resolution No. 48-13
initiating an amendment to the Zoning Code to accommodate periodic demand and
increased sales of both used and new vehicles by allowing used vehicles as well as new
vehicles to be stored off-site on a temporary basis; and
WHEREAS, the Zoning Code allows for the temporary off-site storage of new
automobile inventory, but not used vehicles; and
WHEREAS, new car dealers also sell and buy used vehicles, which represents an
integral part of dealership sales; and
WHEREAS, new car dealerships are generally required to provide facilities that are
designed according to franchise standards, which standards are sensitive to surrounding
properties and are in harmony with neighboring commercial and nearby residential uses;
and
WHEREAS, additional flexibility in the Zoning Code would support the growth and
success of the new automobile dealerships in the City; and
WHEREAS, all new automobile dealerships operate from sites at least two acres in
size; and
hearing on June 24, 2013, to consider this amendment to the Zoning Code; and
WHEREAS, the Planning Commission has reviewed and considered the proposed
amendment to the Zoning Code; and
WHEREAS, the following findings offact are hereby made in regard to the proposed
amendment:
1.
The recitals above are true and correct and incorporated herein by reference.
2.
This project is exempt pursuant to CEQA Guidelines Subsection 15061(b)(3), the
"General Rule," which states that CEQA applies only to projects which have the
1 of 3
P.C. Resolution No. 10727
potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. The
intensity of allowable development is not increased and there are no potentially
significant environmental effects as temporary storage facilities will occur on existing
developed and underdeveloped sites.
3.
The proposed amendments to the Zoning Code are consistent with the General
Plan, including Policy 10-1.1, which directs that the City "periodically revise its
regulatory codes, ordinances and policies so that they may reflect current, upgraded
standards of development and performance." Fundamentally, that is the purpose of
this amendment.
4.
This amendment does not change the standards in the City's specific plans.
5.
The amendment promotes economic development by accommodating the needs of
the City's vital automobile sales industry.
6.
This amendment does not affect existing regulations affecting housing density.
NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact, the
El Cajon Planning Commission hereby RECOMMENDS CITY COUNCIL APPROVAL of
Zoning Code Amendment No. 424, with the following changes to the Zoning Code:
1.
That automobile dealers operating from sites at least two acres in size be
permitted to store excess new and used vehicle inventory off-site, subject to a temporary
use permit, with one allowable administrative renewal.
2.
That such temporary storage lots are only permitted in commercial and
industrial zoning districts, except Neighborhood Commercial (C-N);
3.
That the amendment enable the imposition of conditions as appropriate to
address stormwater requirements, parking lot surface materials, lighting, security systems
and basic minimum site improvements, which would only be the minimum needed to
ensure regulatory compliance and promote a quality community.
2 of 3
P.C. Resolution No. 10727
PASSED AND ADOPTED by the EI Cajon Planning Commission at a regular meeting held
June 24, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
3 of 3
AMZC NO. 424
Attachment 2
Excerpt City Council minutes
EXCERPTS FROM CITY COUNCIL
AND
HOUSING AUTHORITY MEETING MINUTES
April 9, 2013
REPORTS OF COUNCILMEMBERS: (Continued)
7.4
RESOLUTION: ZONING CODE AMENDMENT INITIATION - OFF-SITE
EXCESS INVENTORY STORAGE LOTS FOR CAR DEALERS
RECOMMENDATION: That the City Council move to adopt the next
RESOLUTION in order approving a Resolution of Intention to amend Title 17
(Zoning Code) of the EI Cajon Municipal Code pertaining to temporary off-site
storage of excess automobile sales inventory.
DISCUSSION
Mayor Pro Tem Wells indicates the impetus for this amendment came about after
discussions with local auto dealers. They raised concerns about storage of excess
inventory of both new and used vehicles. He requests that Staff review the
ordinance for a possible revision to help solve problems facing auto dealers.
No one comes forward to speak.
MOTION BY LEWIS, SECOND BY KENDRICK, to ADOPT
RESOLUTION NO. 48-13 approving a Resolution of Intention to
amend Title 17 (Zoning Code) of the EI Cajon Municipal Code
pertaining to temporary off-site storage of excess automobile sales
inventory.
MOTION CARRIES BY UNANIMOUS VOTE.
Joint Meeting: EI Cajon City Council
And Redevelopment Agency
- 22EXCERPTS OF MINUTES
April 9, 2013
3:00 p.m.
AMZC NO. 424
Attachment 3
NOTICE OF PUBLIC HEARING
The EI Cajon Planning Commission will hold a public hearing at 7:00 p.m., Monday,
June 24, 2013 in Council Chambers, 200 Civic Center Way, EI Cajon, CA, for the
following items:
OFF-SITE EXCESS AUTO SALES INVENTORY STORAGE LOTS. This is a Cityinitiated proposal to amend Title 17 (Zoning) of the EI Cajon Municipal Code to allow
used vehicles in addition to new vehicles to also be stored off-site on a temporary basis.
The City of EI Cajon is endeavoring to be in total compliance with the Americans With
Disabilities Act. If you require assistance or auxiliary aids in order to participate at the
Planning Commission meeting, please contact the Planning Division at (619) 441-1742
as far in advance of the meeting as possible.
In case of a court challenge, you may be limited to those issues raised at the public
hearing, or in written correspondence to the Commission, described in this notice. This
item also requires subsequent review and approval by the City Council.
Manjeet RANU
Planning Manager
Community Development
DATE: June 24, 2013
City of EI Cajon
Planning Division
Fax: (619) 441-1743
Ph: (619) 441-1742
TO BE PUBLISHED IN THE EAST COUNTY GAZETTE; THURSDAY, JUNE 13, 2013
AMZC NO. 424
Attachment 4
City Council agenda report
1····city..cl~~k··D~t~··st~mp . ·l
m~l;J If ·mJ Iflllil
Alg,. BilJIJ?lt
:
MEETING:.Apr. 9, 2013
ITEM NO:
_
:
TheValley ofOpportunity
W%"fr...
'W#k.'!o'0'W'i",,%"$_:<®i'--'W_#.-$:<t'i,;·~=ili';W&_;w-=""
TO:
FROM:
Mayor Lewis,
Councilmembers Ambrose, Kendrick, McClellan
CENTENNIAL
·~(>o"
"1",'1,'
~PorateG "\:
Mayor Pro Tern Wells
SUBJECT: Zoning Code Amendment Initiation - Off-site Excess Inventory Storage
Lots for Car Dealers
RECOMMENDATION: That the City Council:
Move to ADOPT the next RESOLUTION in order APPROVING a Resolution of Intention
to amend Title 17 (Zoning Code) of the EI Cajon Municipal Code pertaining to temporary
off-site storage of excess automobile sales inventory.
ISSUE:
Automobile dealerships in the City that do business in both new and used vehicles
occasionally need additional storage space for excess vehicle inventory. The Zoning Code only
allows for temporary off-site storage of excess inventory for new vehicles. However, used car
sales are an integral part of dealerships that also sell new vehicles. To accommodate periodic
demand and increased sales of both used and new vehicles, the Zoning Code should be
amended to allow used vehicles to also be stored off-site on a temporary basis.
DISCUSSION & RECOMMENDATION:
Providing reasonable flexibility in the Zoning Code to accommodate the periodic changes in
the vehicle inventory of the City's automobile dealers is a simple method of supporting dealers
that sell both used and new cars. A fiscally-significant amount ofthe revenue that funds City
services for its residents comes from the sale of new vehicles. The City Council is requested to
initiate an amendment to the Zoning Code, direct staff to study the issue and for the Planning
Commission to hold a public hearing on a potential amendment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Initiation of this amendment is not a project subject to the California Environmental Quality
Act (CEQA) because it is a procedural, administrative step in the process, which only directs
the Planning Commission and staff to study and prepare a potential amendment of the
Zoning Code for future consideration.
FISCAL IMPACT:
None
PREPARED BY:
APPROVED BY:
Manjeet Ranu
PLANNING MANAGER
Douglas Williford
CITY MANAGER

City of EI Cajon

Transcription

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