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HomeMy WebLinkAboutCC RESO 2000-15 (11)RESOLUTION NO. 2000 —158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY HEALTH CARE CENTER AT 1415 E. 8TH STREET, SUITE 5 APPLICANT: MARINA MURASHOVA, HORIZONS ADULT DAY HEALTH CARE CENTER. CASE FILE NO. CUP-2000-22 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for an adult day health care center at 1415 E. 8th Street, Suite 5 at the regularly scheduled City Council meeting of November 28, 2000, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. CUP-2000-22, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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 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 hearing held on November 28, 2000, support the following findings: 1. That the site for the proposed adult day health care center is adequate in size and shape, since the proposed plans show areas in a new building for a kitchen, an activity room, nursing rooms, and offices. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is within a new shopping center with common driveways and parking, served by 8th Street, an arterial street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is zoned for commercial uses, and the use will be completely contained in a building, and no significant noise or parking related impacts are expected. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide for the health and well-being of individuals requiring personal care. Resolution No. 2000 —158 December 5, 2000 Page Two BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an adult day care facility, and shall conform with Exhibit A, Case File No. CUP-2000-22, dated August 16, 2000. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and Handicapped Regulations. 3. Exit signs shall be posted over all exit doors. They shall be illuminated with green letters on a white background. 4. A minimum of four 2-A:10-B:C extinguishers are required. One 40-B extinguisher shall be required in the kitchen. 5. A fire alarm system is required. Plans shall be submitted directly to the Fire Department for approval. The plans must be compliant with the 1998 edition of the California Fire Code and the 1999 edition of NFPA. 6. Except as required by conditions of approval, plans for future permits shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. CUP-2000-22, dated August 16, 2000. 7. Patients/clients shall not stay overnight. 8. The premises shall be licensed by the State of California prior to conducting business. 9. The maximum number of people at one time shall not exceed that allowed by the State or the Fire Department. 10. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 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. Resolution No. 2000 —158 December 5, 2000 Page Three 11. 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. 12. Parking spaces at the north end of the parking area on the east side of the lease space shall be designated for the exclusive use of Horizons Adult Day Health Care Center vans. 13. Two of the shopping center's handicap parking spaces shall be located in front of the business entrance, subject to conformance with the Specific Plan. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and, BE IT FINALLY 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 Procedure Section 1094.6. PASSED and ADOPTED this 5th day of December, 2000. /9-vGeorge H. aters Mayor ATTEST: Mic ael R. Dall. /City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney