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Home My WebLink AboutCC RESO 11,035RESOLUTION NO. 11,035 RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1973-3, REQUEST FOR PUBLIC AUCTION IN .CONJUNCTION WITH AND ACCESSORY TO USED FURNITURE AND ANTIQUE SALES AT 130 EAST EIGHTH STREET (C-3-C, GENERAL COMMERCIAL ZONE). (H & M Goodies) The City Council of the City of National City does hereby find, determine, order and resolve as follows: 1. At a regular meeting of the City Planning Commission on February 26, 1973, said Commission unanimously adopted a recommendation that the owners of the real property located at 130 East Eighth Street, be granted a Conditional Use Permit upon the conditions hereinafter stated. 2. That the City Council has received the recommendation of the Planning Commission, and after full and complete consideration of said recommendation hereby grants a Conditional Use Permit No. 1973-3 for request for public auction in conjunction with and accessory to used furniture and antique sales at 130 East Eighth Street, subject to the following terms and conditions: a. Prior to City Council adoption of Resolution granting Conditional Use Permit, the applicant shall file with the Planning Department an acknowledgment in writing stating that he is cognizant of all conditions set below and that he agrees to accomplish same prior to occupancy, and to comply thereafter. (1) This permit shall be in effect only as long as the street frontage portion of the building is used as a permitted type retail furniture and antique store(s) as described in applicant's request herefor. (2) Auction sales to be conducted within the building only. All outdoor activities related to this use are prohibited. (a) Auctions shall be permitted on Wednesday of each week between the ours 6:30 P.M. and 12:00 midnight; and, (b) Once a month on Sunday between the hours 10:00.A.M. and 5:00 P.M. (3) "Auctions" shall be limited to new and used merchandise and shall not include animals, vehicles, foods, industrial equipment, raw materials or salvage. (4) Exterior surface of the building shall be repainted and maintained in a neat and orderly manner. (5) All signs advertising "auction uses" shall clearly indicate that this is an "accessory" use and not an "auction house." Such signs shall require "site plan review" approval. (a) All existing non -conforming signs shall either be brought into compliance with existing codes or removed. Use of new signs shall be in compliance with Ordinance No. 1315. (Permits required) (6) Outside air conditioning equipment installed at rear of building shall be screened from public view. (7) Windows on street frontage shall be maintained as "show windows" and shall not be obscured in any way. (8) All areas allocated for off-street parking and/or open to vehicular passage, shall be paved and maintained with not less than two (2) inches thick asphalt surfacing. Areas of existing paving that reflect pot holes and deterioration shall be repaired. (9) All parking spaces shall be striped and permanently maintained to the satisfaction of the Build- ing Department. feet. feet, for 30° parking. feet, for 30° parking. (a) Suggested design: 1. Angle not less than 30° 2.. Stall width not less than 9 3. Stall depth not less than 17.3 4. Aisle widths not less than 11 (10) Directional markings shall be pro- vided to adequately control the circulation of vehicles. (1.1) Entrance only sign shall be installed at the Eighth Street Driveway. (12) Driveways shown for two-way traffic shall be increased in width to 30 feet minimum on "B" Avenue, and 24 feet minimum on 9th Street. (13) All existing deteriorated parking lot wheel stops shall be removed and replaced. ("B" Avenue frontage) (14) Outdoor storage shall be prohibited. All loading and unloading shall be direct from building to carrier or vice versa. (15) All damaged or broken curb, gutter or sidewalk adjacent and accessible to said property ("B" Avenue and 9th Street) shall be repaired and/or replaced in accordance with National City engineering standards. (16) Adjacent parkways on "B" Avenue and 9th Street shall be landscaped. Type, size, specie and location of plants shall be as shown on a landscape plan to be approved by the City Forester prior to installation. (17) Adequate fire protection equipment, adequate aisles and exits and good housekeeping shall be maintained in accordance with the Uniform Fire Code at all times. (a) Periodic inspections will be conducted by the Fire Department to ascertain compliance. (b.) Failure to comply with all requirements will necessitate closing of the business for an indefinite period of time until compliance is obtained. (18) Provide two exits, minimum size 3/0 x 6/8, from auction area. (One additional at rear of auction area.) Such exits to be clearly identified with appropriate signs. Exit doors, where serving an occupant load in excess of 50, must swing in the direction of exit. When serving an occupant load in excess of 100, exit doors must be fitted with panic hard- ware. (19) Provide readily identifiable walkway to rest rooms from sales area. Provide non-tamperable means to prevent public from entering storage areas from walkway. (20) Provide one hour fire resistive occupancy separation between sales area and storage area where storage areas are in excess of 1,000 square feet. Storage area may be increased to 3,000 square feet when an approved autonp_tive fire extinguishing system is installed. (21) Provide light and ventilation by means of windows or skylights with an area of not less than one - eighth of the total floor area, one-half of which shall be openable, or shall be provided with artificial light and a mechanically operated ventilating system. In no case shall less than two (2) changes of air be provided. (22) Plumbing and electrical systems must be inspected and approved prior to occupancy of the building. (23) Furnish, to the Department of Build- ing and Housing, plans showing all changes or modifications of the building. Plans must also shown the areas to be used for sales, storage and auction. Plans must also indicate type of seating, whether capable of supporting all imposed loads and adequate guard and hand rails. (24) The use of sound amplifying equip- ment shall be within the building only, and shall be subject to the following regulations: (a) The only sounds permitted shall be either music or human speech, or both. (b) The operation of sound amplifying equipment shall only occur between the hours 6:30 P.M. and 12:00 midnight on Wednesday of each week; and, between the hours 10:00. A.M. and 5:00 P.M. once a month on Sunday. (c) Sound level emanating from sound amplifying equipment shall not exceed fifteen (15) decibels above the ambient noise level, as measured at property lines of this site. (d) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (25) Said permit shall be subject to revocation. Whenever the Planning Director finds that any of the following facts exist: (a) That the same was obtained by fraud; or, (b) That the use authorized by said conditional use permit has ceased, or has been suspended, for any reason, for a period of six (6) months or more; or, (c) That the said conditional use permit is being exercised in a manner contrary to any law or conditions of approval imposed upon said conditional use permit; or, (d) That any use or uses pursuant to such conditional use permit is being, or has been, exercised in a manner detrimental to public peace, health, safety, or welfare, or in a manner to constitute the same a public nuisance; he shall recommend to the City Council that they conduct a duly noticed public hearing to consider revocation or modifi- cation of said permit. Upon finding that any of the above facts exist, this permit may be revoked or modified. PASSED AND ADOPTED this 1st day of May, 1973. ATTEST: