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HomeMy WebLinkAboutCC RESO 15,9941 RESOLUTION NO. 15,994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR RECONSTRUCTION OF A FAST-FOOD RESTAURANT WITH ADDrr'1ON OF A DRIVE-THRU AREA AT 840 HIGHLAND AVENUE APPLICANT: KENTUCKY FRIED CHICKEN CASE FILE NO. CUP-1989-1 WHEREAS, the appeal of the City Council from the Planning Commission's approval of Conditional Use Permit Application CUP-1989-1 was considered by the City Council of the City of National City at a public hearing held on June 13, 1989, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the entire contents of case File Nos. CUP-1989-1 and IS-89-3 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on June 13, 1989, support the following findings: A. That the site for the proposed nSP is adequate in size and shape, because the project site contains a land area of 35,200 square feet which will accommodate the proposed building with required parking; the ptcpcsed use is a continuation of the existing us; and the proposed new building will not affect the existing configuration of the site in any significant manner. B. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because the project site has access to Highland Avenue, a north/south arterial roadway having a right-of-way width of 80 feet, and by right of access easement, access to 8th Street, an east/west arterial roadway also having a right-of-way width of 80-feet. No substantial increase in traffic will result from the proposal. C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the proposed use is a continuation of the existing use, is more than 600 feet from a residential use, and is compatible with adjacent commercial uses. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, because Kentucky Fried Chicken has been at this location for more than 20 years and receives patronage from the area. BE IT FURTHER RESOLVED that the City Council has considered Negative Declaration No. IS-89-3, approved by the Planning Commission on April 17, 1989, and certifies that the Negative Declaration has been approved pursuant to the requirements of the California Environmental Quality Act, and that the Initial Study and Negative Declaration adequately address the effects of the project as conditionally approved. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. An automatic fire suppression system shall be provided to protect all cooking equipment. Plans for the system shall be submitted by a licensed and qualified engineer to the National City Fire Department for review and approval prior to any work being done. 2. The address to the building shall be visible from the street and placed on a contrasting background. 3. The occupant load shall be in accordance with the Uniform Building Code. 4. Required fire flow will be determined when detailed construction plans are submitted for issuance of a building permit. 5. Deteriorated portions of the existing asphalt concrete pavement at the rarking lot shall be removed and replaced. The replacement section shall be a minimum two inch thick asphalt concrete over a four inch base of compacted material. The cracks on the parking lot shall be also be repaired. 6. A plan shall be submitted which shows existing spot elevations throughout the parking lot to define the drainage pattern. The plan shall clearly show all of the proposed and existing improvements and shall be prepared by a Registered Civil Engineer. 7. The traffic generated at the rear side of the restaurant by the addition of the drive-thru will create live loads on the existing retaining walls along the south property line. The stability of these walls as well as that along the east property line shall be verified on the plan. Wall cross sections and profiles shall also be given on the plan. 8. The parking spaces located on San Diego County Assessor's Parcel No. 556-492-11 shall be maintained and available for use for as long as the restaurant is in operation on San Diego County Assessor's Parcel No. 556-492-16. 9. The Traffic Safety Committee shall review the project and consider appropriate recommendations regarding access and on -site circulation. Their recommendations shall be incorporated into the project plans. 10. Development plans shall be submitted and approved by the Planning Director in conformance with Exhibit "A" revised", Case File No. CUP-1989-1. 11. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. CUP-1989-1 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. Use of the property shall be limited to a maximum floor area of 2,337 square feet with seating not to exceed 50. 13. This permit shall became null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Corle. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, RP IT FURTHER RESOLVED that this Resolution shall became effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 20th day of June , 1989. GEORGE H.QWATERS, MAYOR ATTEST: CYLA �i AAAA, t G i LO I ANNE PEOPLES, CCLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY