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HomeMy WebLinkAboutCC RESO 2007-181RESOLUTION 2007 — 181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT TO OPERATE A BANQUET FACILITY AT AN EXISTING ADULT DAY CARE FACILITY LOCATED AT 540 NATIONAL CITY BOULEVARD APPLICANT: SABAH ABRO CASE FILE NO. 2007-02 CUP WHEREAS, the City Council reopened the public hearing of an appeal of the Planning Commission's denial of a Conditional Use Permit to operate a banquet facility at an existing adult day care facility located at 540 National City Boulevard at a duly advertised public hearing held on July 10, 2007, 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. 2007-02 CUP, which is maintained by the City and incorporated herein by reference; and WHEREAS, at a duly advertised public hearing held on May 7, 2007, at which time oral and documentary evidence was presented, the Planning Commission in a vote of 6-0 recommended denial of said Conditional Use Permit to operate a banquet facility; 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 that the testimony and evidence presented at the public hearing held on July 10th, 2007, support the findings required by the California Land Use Code for granting any Conditional Use Permit application, that the proposed Conditional Use Permit will not have an adverse effect on adjacent or abutting properties, and that the proposed use deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Council that the testimony and evidence presented to the City Council at a the public hearing held on July 10, 2007, support the following findings: 1. The site for the proposed use is adequate in size and shape, since the 7,500 square foot building is large enough to accommodate the proposed banquet use, on -site parking will be provided, and additional off -site parking is available. 2. The site has sufficient access to streets and highways that are adequate in width and pavement to carry the expected traffic generated by the proposed use, since the use would operate on Saturdays evenings when traffic volumes are less than what is typically generated on National City Boulevard, an arterial roadway, during Monday through Fridays. Resolution No. 2007 —181 August 7, 2007 Page 2 3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the activities would be contained within the building and the activities are towards the front of the building away from adjacent uses, parking lots separate the surrounding uses, and there are no windows on the buildings adjacent to the proposed use. 4. The proposed use is deemed essential and desirable since the banquet facility offers a use not typically available at local restaurants and meets a demand of local residents. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Conditional Use Permit 2007-02 to operate a banquet facility at 540 National City Boulevard is hereby approved subject to the following conditions: 1. This Conditional Use Permit, 2007-02 CUP, authorizes the operation of a 7,500 square foot banquet facility from 6:00 p.m. until 12:00 a.m. on Saturdays at 540 National City Boulevard. Other than specific modifications approved pursuant to the public review process, ail plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2007-02 CUP, dated April 11, 2007. 2. Documentation shall be provided that indicates the boundary adjustment has been recorded that specifically allocates the ten -foot wide section immediately west of the commercial building to the southern parcel, as required of the Resolution 2002-9. 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted prior to issuance of building permits for review and approval by the Planning Director. The landscape plan shall indicate a minimum of 15-gallon trees, shrubs, and ground cover along the border of the northern and southem parking lots, along the frontage of the street (between the sidewalk and the curb) consistent with the National City Streetscape Improvement Plans dated 11/06/06, and for all areas not utilized for parking. The number of attendees at the banquet facility shall be limited to a maximum of 160 persons at any one time. There shall be no consumption of alcohol on the site at any time. This Conditional Use Permit shall be reviewed by the City Council 12 months from the date of adoption of this Resolution to determine compliance with the conditions of approval. 7. The 10-foot wide setback area on the west side of the building shall be provided with a gravel surface to reduce maintenance and shall be fenced off at each end, with an 8-foot high wrought iron fence, to limit undesirable access. The applicant shall fence off this area to the satisfaction of the Planning Department and the Police Department prior to conducting any events related to this permit. Resolution No. 2007 — 181 August 7, 2007 Page 3 8. The applicant shall remove the permanent obstructions that restrict access to the patio and reopen the door on the north side of the building to allow access to the patio prior to operation of the banquet facility. 9. The applicant shall remove the trash and debris on the rear and the north side of the building and the inoperable vehicle parked on the south side of the building prior to operating the banquet facility. 10. The applicant shall apply for and obtain a business license and pay the appropriate fee for the operation of the banquet facility. 11. The applicant shall remove the temporary banners from the front and south side of the building until such time that an application for a temporary use permit is obtained. Contact the Planning Department for a Temporary Use Permit for the banner. 12. The applicant shall provide a paved parking lot on the north side of the structure to provide 9 parking spaces, including a turnaround space so that vehicles do not back out on to National City Boulevard. All parking spaces shall be striped in accordance with city standards. The aisle width shall be a minimum of 24-feet wide. 13. The graffiti located on the wall along the property line and on the building shall be removed and the buildings repainted to match the existing exterior walls. All exterior walls of buildings and trash enclosures to a height of not less than six feet shall be treated with an anti -graffiti coasting. All graffiti shall be removed within 24 hours of its observance. 14. Any improvements shall comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 15. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 16. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. Resolution No. 2007 — 181 August 7, 2007 Page 4 17. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 18. 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. 19. The proposed trees at the southwest comer of the parking lot shall be relocated so as to not conflict with an existing 36" storm drain catch basin which is not reflected on the site plan. 20. The deteriorated portions of the existing street improvements (sidewalks 40", curb and gutters 20') along the property frontages shall be removed and replaced. 21. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 22. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. 23. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 24. The address of the facility shall be clearly visible from the street, per approval from the National City Fire Department. 25. The applicant shall be required to provide, at a minimum, two bonded private security staff for all functions and that contact information and emergency evacuation and crowd control plans shall be submitted to the Police Department prior to any event. 26. 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 Resolution No. 2007 —181 August 7, 2007 Page 5 notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development 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 Planned Development 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. 27. Approval of the Conditional Use Permit expires one (1) year after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. 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 govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 7th day of • . • st, 2007. Ron M.rrison, Mayor ATTEST: Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H.`Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on August 7, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California n City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-181 of the City of National City, Califomia, passed and adopted by the Council of said City on August 7, 2007. City Clerk of the City of National City, California By: Deputy