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Home My WebLink AboutCC RESO 2012-24NOT ADOPTED RESOLUTION NO. 2012-24 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE. (Development Services / Planning) This Resolution was not adopted at the City Council / Community Development Commission / Housing Authority Adjourned Regular Meeting of January 24, 2012. January 26, 2012 hiLC^i.a(/� i RA Michael R. Da Ia, CMC City Clerk City of National City • • RESOLUTION NO. 2012 — 24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE WHEREAS, the Planning Commission considered a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue at a duly advertised public hearing held on December 5, 2011, a ,`;me oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Co report contained in Case File No. 2011-28 CUP, maintained by t by reference along with evidence and testimony from said hea WHEREAS, the Planning Commission vote Permit for Public Assembly and a Tattoo Studio at Swee Hoover Avenue by a unanimous vote in favor of appro dered the staff orporated herein ove "e Conditional Use Davidson located at 3201 WHEREAS, a Notice of Determination fore the City Council on January 10, 2012, and a public hearing was set for Janu WHEREAS, the City Council co Assembly and a Tattoo Studio at Sweetwat at a duly advertised public hearing held o documentary evidence was presented; WHEREAS, at said contained in Case File No. 2011-2 reference along with evidence and onditional Use Permit for Public >`dson located at 3201 Hoover Avenue 2012, at which time oral and , the City Council considered the staff report tained by the City and incorporated herein by y rom said hearing; and WHEREAS, ; action i '".ken pursuant to all applicable procedures required by state and City laws; and WHE' : he a recited herein is found to be essential for the preservation of public health, saf - neral welfare. National City tha held on Jan ORE, BE IT RESOLVED by the City Council of the City of ony and evidence presented to the City Council at the public hearing support the following findings: 1. That the „ or the proposed use is adequate in size and shape, since the proposed use will be withi an existing building and upon a roof deck designed for such use, and since no expansion of the building is proposed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has historically been used for public assembly use, since the proposed use involves no expansion, and since a tattoo studio is not expected to draw a significant number of additional patrons. • • Resolution No. 2012 — 24 January 24, 2012 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the building is located in an industrial zone, near a freeway, and away from any residential areas. 4. That the proposed use is deemed essential and desirable to the puF P`6`=enience, since it will allow the business to expand its services, thus increasing pr ability • the chances for success. BE IT FURTHER RESOLVED that the application fofiorj se Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes public a Avenue. Except as required by Conditions of A associated with the project shall conform to October 27, 2011. 2. Before this Conditional Use Permit shall owner both shall sign and have not Division, acknowledging and acc permit. Failure to return the sign receipt shall automatically terminate submit evidence to the satis Real Property is recorded wit recording fees to the County. conditions imposed b . pproval future interest hold approved as to fo to recordation. 3. This permit resolutio of 18.116 and a tattoo studio at 3201 Hoover all plans submitted for permits :�5>«Case File No. 2011-28 CUP, dated ctive, the applicant and the property tance Form, provided by the Planning ditions imposed upon the approval of this zed Acceptance Form within 30 days of its ditional Use Permit. The applicant shall also lanning Division that a Notice of Restriction on Recorder. The applicant shall pay necessary otice of Restriction shall provide information that e Conditional Use Permit are binding on all present or r estate holders of the property. The Notice of Restriction shall be City Attorney and signed by the City Manager or designee prior e null and void if not exercised within one year after adoption of the less extended according to procedures specified in Section onal City Municipal Code. 4. Wit s of approval, pursuant to Fish and Game Code Section 711.4 and the Californ; •de of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary ironmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. BUILDING 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Resolution No. 2012 — 24 January 24, 2012 Page Three 6. Use of the roof deck may be continued provided that: FIRE 7. 8. 9. 10. a. No alterations, modifications, additions, or enlargements to any part of the structure may be made, including anything attached to the roof, deck, or sides of the structure, without first obtaining a building permit. The maximum occupancy load of the roof deck is and Siined at 300 people. c. No assembly is permitted in the mercantile area �A�-•m <:-glin g of the roof deck and mercantile area is permitted without o fining it for a change in occupancy from the Building Division. d. e. If a change in occupancy from mercantile .r cantilessembly use is granted, the maximum occupancy of the lower I- ;° e no more than 587 people. The applicant shall submit and hav path of travel from the roof deck, right-of-way. f. All exit doors on both floors areas. Plans submitted for constructio Code and the 2010 e<:;. ion of N :+nal Fire Protection Association (NFPA) Codes and Standards. loor plan showing the emergency mercantile area, and to the public v. i able for emergency exiting from assembly all comply with the 2010 edition of the California Fire Access to the street, bo trances, and Fire Department connections for fire sprinkler systems, sta _; etc., hall be maintained at all times. Fire Depart Fire ap and an un Acces sprinkler s maintained into and through event areas shall be maintained at all times. roads shall have an unobstructed width of not less than 20 feet cted vertical clearance of not less than 14 feet. e building shall be maintained at all times. Access to all entrances, fire ms, standpipes, fire hydrants, and Fire Department connections shall be in all areas and at all times. 11. Event participants on foot shall move immediately to the sidewalk upon approach of any emergency vehicle(s). 12. Vehicles in the roadways are to move immediately to the right upon approach of any emergency vehicle(s). Resolution No. 2012 — 24 January 24, 2012 Page Four 13. Fire extinguishers shall be mounted in a visible location between 31/2 and 5 feet from the floor to the top of the extinguisher. The maximum travel distance from an extinguisher shall not be more than 75 feet. Required fire extinguishers shall not be obstructed and signs shall be posted above the extinguishers so as to indicate their ej act location. 14. No cooking or heating of food (Sterno) shall be done inside of t 15. All linen used for this event which may include, but not be liQ$Y` • o,`ins, tablecloths, couches, chair covers, etc., shall meet Califo = F'. a Marshal requirements for flame spread and smoke propagation. • <;?: d •'umentation of this requirement shall be provided to the National City Fir epart '-x •rior to all events where this applies. 16. The showroom floor is designed and categorize shall be granted from the National City Buildi assembly occupancy. 17. The allowable occupancy load shall be Building Code Standards. A permanent assembly area. Please contact the placement. mercantile occupancy. Approval in order to use this space as e showroom floor per California card shall be posted on the roof top uilding Official for direction and field 18. Security shall be provided for eve '" u - «> ity shall control the occupancy load of the event and shall provide the =:• ble • pancy number to City Officials upon request. 19. A map and/or diagram shall b ` ided to the National City Fire Department describing the floor layouts for pr.posed =ts. Layouts shall include placement of tables, props, etc. The floor plans ,;,`c ll also der ribe exits, elevator and fire suppression systems throughout the bu;. 20. Exit signs shmin: s"d with green lettering per National City Ordinance, and shall provide ade w�: 21. At no ti E , s �;..;'.r canopies be allowed inside of the showroom area. tion towards available exits. 22. If to area in excess of 200 square feet, and/or canopies in excess of 400 squa . ultiple tents, and/or canopies placed together equaling or exceeding the above-s areas are to be used, they shall be constructed of flame-retardant material. Tents and c nopies shall have an approved State Fire Marshal seal attached. 23. A ten -foot separation distance must be maintained between tents, canopies, and/or between tents and canopies. 24. No cooking shall be permitted under tents or canopies. 25. A permit must be obtained from the Fire Department for all tents and canopies used for events. Resolution No. 2012 — 24 January 24, 2012 Page Five 26. The National City Fire Department may charge an after-hours inspection fee due to events being held at Sweetwater Harley Davidson. The National City Fire and Building Departments shall review all submitted floor plans for approval. Please contact the National City Fire Department and Building Division for additional reirements and assistance. PLANNING zM 27. This approval does not include the sale, consumption or in association with any public or private events. No suc modification of this Conditional Use Permit or unless sales permits are procured from the Department of a licensed catering company. 28. All activities on site shall conform with Title 12 amplification or other sound producing equipme nearest residences or residential areas. 29. All tattooing activities shall conform with and with Title 6, Division 6, Chapter Diego County Code of Regulator amended, as the regulatory pro mobile tattoo vehicles within Natio 30. All tattooing and body pierce National City Land Use Code. ib Icohol products ted without rope: " s .ort-term alcohol c BevrageControl (ABC) by ational City Municipal Code. Any all be oriented away from the f the National City Municipal Code g with Section 66.301) of the San es, as now in effect or as may hereafter be able to tattoo artists, tattoo parlors, and shall conform with Chapter 18.30.030 of the BE IT FURT R RESOL i D that copies of this Resolution shall be transmitted forthwith to the applicant BE IT the day following th judicial review of th Section 1094.6 ATTEST: ER f3 SOLVED that this Resolution shall become effective and final on cil meeting where the Resolution is adopted. The time within which ay be sought is governed by the provisions of Code of Civil Procedure nd ADOPTED this 24th day of January, 2012. Michael R. Dalla, City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney