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Home My WebLink AboutCC RESO 2005 - 60RESOLUTION NO. 2005 — 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF A CONDITIONAL USE PERMIT FOR A SHOPPING CENTER AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND HIGHLAND AVENUE TO ALLOW CHECK CASHING/PAY DAY ADVANCE BUSINESSES APPLICANT: RONNIE ROLLMAN CASE FILE NO. M1-CUP-2003-29 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for modification of a Conditional Use Permit for a Shopping Center at the northwest corner of Plaza Boulevard and Highland Avenue to allow check cashing/pay day advance businesses at the regularly scheduled City Council meeting of March 15, 2005, 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. M1-CUP-2003-29 and 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 that the testimony and evidence presented to the City Council at the public hearing held on March 15, 2005 support the following findings: That the deletion of a restriction prohibiting check cashing/pay day advance businesses from operating on site is necessary to permit reasonable operation and use under the permit, since in conjunction with other City ordinances it will allow an established check cashing business to relocate within the City without resulting in a net increase in check cashing businesses. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes a shopping center at the northwest corner of Plaza and Highland with a freestanding sign in the setback area along Highland, two wall signs where one is allowed and a total of 52 parking spaces where 66 are required. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised and B-revised, Case File no. CUP-2003-29/Z-2003-12, dated February 9, 2004. Resolution No. 2005 — 60 April 5, 2005 Page 2 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Prior to issuance of building permits the applicant shall provide agreement that allows the City and other civic organizations to use the two reader boards to the City Attorney for review and approval. 4. Not more than 1,500 square feet of the total floor area shall be used as a restaurant/cafe/deli. 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works. 8. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Resolution No. 2005 — 60 April 5, 2005 Page 3 10. The deteriorated portions of the existing street improvements (Approximately 40' of sidewalk on Plaza Blvd. and Highland Avenue) along the property frontages shall be removed and replaced. 11. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall' be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 12. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for allof the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 14. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (Approximately 60' on Highland Avenue) shall be replaced with curb, gutter and sidewalks. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 17. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 18. Before this Conditional Use Permit/ Zone Variance 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 Resolution No. 2005 — 60 April 5, 2005 Page 4 shall automatically terminate the Conditional Use Permit/ Zone Variance. 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 19. Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit/Zone Variance 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. 20. 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. 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 5th day of April, 2005. ATTEST: Michael Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney