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HomeMy WebLinkAboutCC RESO 91-88RESOLUTION NO. 91- 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAI CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR TEE RECONSTRUCTION OF A FAST FOOD RESTAURANT AT 1630 HIGHLAND AVENUE. APPLICANT: ROBERT PARADISE, MiCDONALD' S CORPORATION CASE FILE NO. CUP-1990-17 WHEREAS, the applicant's appeal to the City Council of the Planning Commission's conditions for approval of Conditional Use Permit Application (CUP-1990-17) was considered by the City Council of the City of National City at public hearings held on April 23 and Nay 7, 1991, 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 No. CUP-1990-17 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all appliraole procedures required by State and City law; and, FFE RE11 S, the action recited herein is found to 'p essential for the preservation of public health, safety and general welfare. NOW, ThENEFORE, BP IT 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 hearings held on April 23, and May 7, 1991, support the following findings: A. That the site for the proposed use is adequate in size and shape, because there is adequate area on the 26,305 sq.ft. parcel for the proposed 3,419 sq.ft. restaurant, with parking and landscaping for the new facility. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, because the site has access to Highland Avenue, an arterial roadway, and 16th Street, a collector, having right-of-ways of 60 ft. C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the proposed use is compatible with adjacent commercial uses to the north, south and east and with the National City Branch of the United States Post Office to the west. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, because McDonald's has been at this location since 1966, and the proposed restaurant will provide a more efficient and contemporary facility. CIv T TU, ON PAGE 2 Page 2 of 6. Resolution No. 91-88 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The applicant shall submit a plan specifically detailing how customers and euployees will be protected during construction. The plan shall be subject to review by the Building and Safety Director. The plan shall also show how employee parking will be provided. Use of the property during construction shall hP limited to the drive thru only and the dining room shall be closed upon commencement of construction. If at any time during construction the Building and Safety Director determines that the construction is a hazard, the Director may at his discretion order the cessation of work and closure of the drive thru until said hazards have been eliminated. 2. The building shall be designed and constructed in accordance with the provisions of the 1983 edition of the Uniform Building Code, Uniform=•Techanical Code, Uniform Plumbing Cede, the 1987 National Electrical Code and Title 24 (energy and handicapped requirements). 3. A soils report shall be submitted in conjunction with any new building construction. 4. The plans shall show compliance with Appendix C of Uniform Plumbing Code 1988 (minimum plumbing facilities). 6. Plans shall be submitted to and approved by the Health Department prior to submittal to the Building & Safety Department for permits. 6. Grading and drainage plans shall show all proposed and existing on -site and off -site improvements. The plans shall be prepared in accordance with the City's standard requirements. The plans shall be prepared by a Registered Civil Engineer and shall address the method of drainage conveyance from the landscaped areas. 7. Landscaping and irrigation plans shall be submitted to the Engineering DepaiLment concurrently with the grading plans. 8. Hydrology and hydraulic studies (on -site and off -site) shall be submitted. All surface run-off shall be collected by private catch basins and directed to the street by sidewalk underdrains or curb outlets. 9. A soils engineering report shall be submitted for Engineering Dent review. The report shall address the adequacy of the building pad, maximum allowable soil bearing pressure and required structural sections for the proposed parking areas. The report shall also address the stability of existing on -site retaining walls in relation to the added traffic loading due to the new drive thru arcs. Structural calculations addressing stability of the retaining walls shall be submitted for Engineering Department's review. CONTINUED ON PAS^ 3 Page 3 of 6 Resolution No. 91-88 10. A sewer permit will be required. 11. The sidewalks, the driveway on 16th Street, and the gutter and the street pavement on Highland Avenue shall be removed and replaced as marked in the :Meld. 12. All abandoned driveways shall be removed and replaced with full height curb, gutter, and sidewalk. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed work shall be posted. Throe percent (3%) of the estimated cost shall also be deposited with the City for plan checking and inspection cost at the time the plans are submitted. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and all grading operations on private property. 15. If a building permit is to be obtained of the street improvements, the appli the Engineering Department for thework. prior to the installation cant shall post a bond with performance of the required 16. The existing most southerly driveway on Highland Avenue shall be modified so that it will not encroach upon the adjacent property to the south. 17. A paving and striping plan shall be submitted to the Engineering Department showing existing and proposed parking lot pavement, striping and other pertinent improvements associated with the project's parking improvements. 18. Permanent, protective fencing shall b? installed on top of the existing westerly retaining wall. Total combined height shall not exceed 8 ft. 19. The existing driveway easement pavement along the westerly property line shall be remover) and replaced. The limits of removal shall be as marked in the field. The new pavement section shall then be overlayed with asphalt subject to approval of the City Engineer. 20. The deteriorated portions of the existing parking lot pavement shall be repaired per the requirements of the City of National City. 21. The minimum thickness of the new parking lot pavement shall be 2" A.C. over 4" A.B. or 4" P.C.C. 22. The address shall be clearly visible from the street and an a contrasting background. 23. All corking equipnent shall be protected by approved automatic fire protection systems. cONTLEUE:D : v PAM 4 T Page 4 of 6 Resolution No. 91-88 24. Minimum flow requirements shall b Marshal. If these flow requirements shall enter into an agreement with provide the required improvements. 25. The applicant shall apply to the provision of 2-inch water service. as required by the Fire cannot be met the applicant the Sweetwater Authority to Sweetwater Authority for 26. Fire extinguishers shall be provided as marshal. required by the Fire 27. Exiting and occupant load requirements shall he in accordance with the Uniform Building Code. 28. Maximum dining room capacity shall not excccd 59 persons indoors, 28 1.,ersons in the patio and 22 persons in the playground area. 29. All incidental mechanical equipment shall be adequately screened. The screening shall he an integral component of the building. The adequacy of the screening shall be determined by the Planning Director. 30. Parking lot inches wide and/or wheel striping shall consist of hair pin lines 4 to 6 forming a band 12 to 18 inches wide. Bumper guards stops shall be provided for each parking stall. 31. The minimum dimension of the parking stalls shall he 9 ft. by 19 ft. for standaLU stalls, 8 ft. by 16 ft. for compact stalls. A maximum of 24 inches of overhang into non -setback aroas may contribute to the parking stall dimensions. There may h a maximum of 10 compact act parking stalls ( 25° plus any additional spaces provided). 32. Entrances and exits shall h clearly marked. Directional arrows shall be painted on the pavement. 33. The ramp which intrudes into the westerly parking stall in the most southerly row of parking stalls shall be removed or relocated. 34. An easement shall be granted to the Metropolitan Transit DeveloElilent Board (IHDB) for a bus shelter. The easement shall consist of a 3 ft. by 20 ft. strip of property located midway between the driveway entrances on Highland in front of the Mcr nald's pole sign. 35. The first 2 parking stalls located directly inside the inbound driveway from Highland Avenue north and south of the entrance shall he designated for employee parking only. These spaces shall be clearly posted with signs denoting employe- use only. CONTINUED CN PACE 5 Page 5 of 6 Resolution No. 91- 8 8 36. Pole signs shall be limited to 1 sign not exceeding 35 ft. in height on Highland Avenue and the existing pole sign on E. 16th Street. Directional signs shall not incorporate the McDonald's logo or any form of advertising. Wall signs shall be limited to as shown on the sign program submitted with the application. Wall signs on walls facing other than towards Highland Avenue shall he limited to no larger than 25 sq. ft. The use of flags, other than the official flags of the United States and California, shall be prohibited. 37. The fence surrounding the patio area shall not exceed 42 inches in height. Enclosing of this area shall be prohibited. The roof shall be of an open design as shown on the approved plans. 38. Plans shall depict the use of water conserving plumbing fixtures. Drought tolerant landscaping and water conserving landscape irrigation devices shall he shown on the landscape plan. 39. Except as otherwise required by conditions of approval, development plans shall be submitted and approved by the Planning Director in conformance with Exhibit "A"- 4th revision, Case File No. CUP-1990-17, dated 4/16/91. Plans shall conform to all requirements of the National City Land Use Code. 40. :More 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. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recoL(ing fens to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. 1990-17 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. 41. Use of the property shall be limited to a fast food restaurant with a maximum seating capacity of 109 persons, as shown in Exhibit "A"-4th revision. 42. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 43. Graffiti resistant materials shall be applied to the exterior wills of the building to a height of not less than 6 ft. Any graffiti shall be removed within 24 hours of its observance. elet1TINU- ON PAGE 6 Page 6 of 6 Resolution No. 91-88 44. During the hours that the restaurant is closed the parking lot shall he chained or barricaded to prevent loitering subject to approval of the Planning Director. BE IT FURTHER RESOLV"•) that copies of' this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become 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. 14th day of May, 1991. PASSED and ADOPTED this GEORGE H. vd RS, 1AYOR ATTEST: APPROVED AS TO C ECY2. ' H. EIS.t, , III CITY A21CRNEY