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HomeMy WebLinkAboutCC RESO 2002 - 9RESOLUTION NO. 2002 - 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY HEALTH CARE CENTER AT 540 NATIONAL CITY BOULEVARD APPLICANT: SABAH ABRO CASE FILE NO. CUP-2001-14 WHEREAS, the City Council of the City of National City considered a conditional use permit application for an adult day health care center at the regularly scheduled City Council meeting of January 8, 2002 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2001-14 which is 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, this 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 January 8, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 8,600 square foot building on the site is large enough to accommodate the proposed adult day health care facility and since sufficient on -site parking is provided in the existing parking area. 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 use is not expected to significantly increase traffic volumes in the area, and since the project site is accessed by National City Boulevard, an arterial. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the new use will generate little noise or traffic. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the adult day health care facility will provide a service for handicapped and elderly citizens of National City and the surrounding community, and may also delay institutionalization of clients. Resolution No. 2002 - 9 January 22, 2002 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an Adult Day Health Care Center at 540 National City Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2001- 14, dated September 28, 2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The deteriorated portions of the existing street improvements (20-feet of sidewalk) along the property frontages shall be removed and replaced. 4. The proposed trash enclosure at the southwest corner of the parking lot may need to be relocated due to an existing storm drain catch basin. If relocated, the existing amount of parking spaces (18) shall be maintained. 5. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership of the property. 6. Prior to opening the business, a formal fire inspection shall be conducted by the Fire Department. 7. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. A landscape and irrigation plan shall be submitted with building plans indicating plant types, methods of planting, irrigation location and coverage, etc. This plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 9. 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 the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation Resolution No. 2002 - 9 January 22, 2002 Page Three 10. 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. 11. The existing rooftop sign at 540 National City Boulevard shall be removed. 12. Building plans shall note that access to the upstairs area will be blocked. 13. All rooftop equipment proposed as part of this project shall be completely screened in accordance with Land Use Code section 18.86. 14. The facility shall be limited to a maximum of 120 clients. 15. A boundary adjustment showing compliance with the City's Subdivision Ordinance shall be recorded for the project site (555-042-17) and the adjoining parcel to the north (555-042- 10). The adjustment shall specifically allocate the ten -foot wide section immediately west of the commercial building to the southern parcel, resulting in a straight line along the north -south boundary between the two parcels. 16. The dilapidated home located on the parcel north of the project site (555-042-10) shall be demolished or removed and the property paved for parking or landscaped within nine months of the adoption of the resolution approving this Conditional Use Permit. A site plan showing the paving and/or landscaping shall be submitted to and approved by the Planning Director. 17. A breaking beam alarm system shall be installed at the entrance/exit onto National City Boulevard prior to occupancy. BE IT FURTHER RESOLVED 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 Procedure Section 1094.6. PASSED and ADOPTED this 22`a day of January, 2002. ATTEST: Michael Dalla, C' Clerk /4 George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney